§ 8011. Permit stays
(a) An administrative order may stay the effective date or processing of a permit:
(1) when any activity has been commenced illegally without a permit. The order may stay the effective date of the permit for a period of time up to the number of days that the activity was commenced before the permit was issued. This period of time shall not include the time from the date that work was stopped until the date a permit is issued; or
(2) when an applicant for a permit, or for an amendment to a permit, is not in compliance with an administrative order or an assurance of discontinuance with respect to a violation that is directly related to the activity which is the subject of the application; or
(3) when an applicant for a permit, or for an amendment to a permit, has one or more current violations.
(b) A stay shall be issued under this section only if the violation was caused by the applicant, by a person under the applicant's control, or by a person who has control of the applicant.
(c) The processing of the application may be stayed until the respondent is in compliance with the directives in the order. An order for a permit stay shall not be stayed pending a hearing.
(d) In lieu of a permit stay under subdivision (a)(2) or (3) of this section, where an applicant for a permit or an amendment to a permit is not in compliance with an administrative order or an assurance of discontinuance, an administrative order may require the applicant to post a bond or other financial surety in an amount reasonably calculated to cover the costs necessary to achieve compliance as a condition for the processing of the application. (Added 1989, No. 98, § 1; amended 2007, No. 191 (Adj. Sess.), § 6.)
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