(A) The department may amend a cooperative agreement with the consent of the participant or when there is a change in South Carolina environmental law.

(B) The department may revoke a cooperative agreement at the request of the participant.

(C) The department may, after an opportunity for a hearing, revoke a cooperative agreement if it finds that the participant:

(1) is not in compliance with the cooperative agreement;

(2) is not in compliance with an approval that is not replaced by the cooperative agreement or with a provision of South Carolina environmental law for which the cooperative agreement does not grant a variance;

(3) has refused the department's request to amend the cooperative agreement;

(4) is unable, or has shown an unwillingness, to comply with pollution reduction goals that apply to the participant under the cooperative agreement;

(5) has entered into the cooperative agreement by misrepresenting or failing to fully disclose all relevant information or any information requested by the department.

(D) If the department revokes a cooperative agreement, it shall include in a written revocation decision:

(1) deadlines that provide the participant with a reasonable amount of time to obtain required approvals that were replaced by the cooperative agreement;

(2) any interim requirements that are needed to ensure that the participant is in compliance with all South Carolina environmental law applicable to the participant until the department issues the final approvals;

(3) any requirements of the cooperative agreement for which the department does not establish interim requirements remains in effect until the department issues the final approvals.

(E) A final decision under subsection (C) is subject to review under Section 1-23-310 of the Administrative Procedures Act or under Regulation 61-72 concerning procedures for contested cases.

HISTORY: 2002 Act No. 318, Section 1.