(1) The department may condition, modify, suspend or revoke any permit previously issued under ARM 17.56.1305 or 17.56.1306 upon its determination that:

(a) the owner, operator or licensee failed to meet the standards for issuance of a permit under ARM 17.56.1303, 17.56.1305 or 17.56.1306, as appropriate;

(b) the owner, operator or licensee committed fraud or deceit in applying for a permit;

(c) the owner, operator or licensee violated any statute or rule governing the installation or closure of an underground storage tank system of the department;

(d) the owner, operator or licensee violated the terms of any permit or order issued by the department relating to the installation or closure of an underground storage tank system;

(e) the owner, operator or licensee lacks the education, training or experience necessary to conduct any installation or closure for which a permit was previously issued;

(f) a change in the facts or circumstances of installation or closure necessitates a change in the permit; or that

(g) the condition, modification, suspension or revocation is necessary to protect the installer's or the public's health, welfare or safety, or the environment.

(2) Action by the department pursuant to (1) must be accompanied by a written statement of the reason for the department action.

(3) Upon revocation of a permit and written demand by the department, the owner, operator or licensee shall surrender his or her permit to the department. The department shall retain the revoked permit or issue a modified or conditional permit in accordance with this rule.

(4) The owner, operator or licensee shall comply with the conditions or modifications imposed by the department.

(5) The conditioning, modification, suspension or revocation of a permit is effective upon delivery to the owner, operator or licensee at the address shown on the permit application whether or not the permittee actually takes possession of the notice.   When a permit is revoked in accordance with this rule, the owner or operator may not install or close the tank system for which the permit was originally issued without again applying for and receiving a new permit.