Section 455B.271. Modification or cancellation of permits.

  Each permit issued under section 455B.265 is irrevocable for its term and for any extension of its term except as follows:

  1.  A permit may be modified or canceled by the department with the consent of the permittee.

  2.  Subject to appeal to the department of inspections and appeals, a permit may be modified or canceled by the director if any of the following occur:

  a.  There is a breach of the terms of the permit.

  b.  There is a violation of the law pertaining to the permit by the permittee or the permittee’s agents.

  c.  There is a circumstance of nonuse as provided in section 455B.272.

  d.  The department finds that modification or cancellation is necessary to protect the public health or safety, to protect the public interests in lands or waters, to require conservation measures or to prevent substantial injury to persons or property in any manner. Before the modification or cancellation is effective, the department shall give at least thirty days’ written notice mailed to the permittee at the permittee’s last known address, stating the grounds of the proposed modification or cancellation and giving the permittee an opportunity to be heard on the proposal.

  3.  By written emergency order to the permittee, the department may suspend or restrict operations under a permit if the director finds it necessary in an emergency to protect the public health, to protect the public interest in waters against imminent danger of substantial injury in any manner or to an extent not expressly authorized by the permit, to implement the priority allocation system of section 455B.266, or to protect persons or property against imminent danger. The department may require the permittee to take measures necessary to prevent or remedy the injury. The emergency order shall state the effective date of the suspension or restriction and shall be immediately effective on that date unless stayed, modified or vacated at a hearing before the department or by a court.

[C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.28;

82 Acts, ch 1199, §25, 96

]

C83, §455B.271

83 Acts, ch 137, §16

;

85 Acts, ch 7, §9, 10

;

86 Acts, ch 1245, §1899A, 1899B