a. If cause exists, the Department may modify
or revoke and reissue the permit accordingly, subject to the limitations of
Subsection 201.01.b., and may request a
new or updated application, if necessary. (3-24-22)
b. If cause does not exist under this
section, the Department shall not modify or revoke and reissue the permit.
(3-24-22)
c. The following are
causes for modification but not revocation and reissuance of permits except
when the permittee requests or agrees: (3-24-22)
i. There are material and substantial
alterations or additions to the permitted facility or activity (including a
change or changes in the permittee's sludge use or disposal practice), which
occurred after permit issuance, and which justify the application of permit
conditions that are different or absent in the existing permit.
(3-24-22)
ii. The Department has
received new information. Permits may be modified during their terms for this
cause only if the information was not available at the time of permit issuance
(other than revised regulations, guidance, or test methods) and would have
justified the application of different permit conditions at the time of
issuance: (3-24-22)
(1) For IPDES general
permits (Section 130) this
cause includes any information indicating that cumulative effects on the
environment are unacceptable; and (3-24-22)
(2) For new source or new discharger IPDES
permits (Section 120), this
cause shall include any significant information derived from effluent testing
required under Subsection
105.08 or
105.16 after issuance of the
permit. (3-24-22)
iii.
The standards or regulations on which the permit was based have been changed by
promulgation of amended standards or regulations or by judicial decision after
the permit was issued. Permits may be modified during their terms for this
cause only as follows: (3-24-22)
(1) For
promulgation of amended standards or regulations, when: (3-24-22)
(a) The permit condition requested to be
modified was based on a promulgated effluent limitation guideline, EPA approved
or promulgated water quality standards, or the Secondary Treatment Regulations
under 40 CFR Part 133 ; (3-24-22)
(b) EPA has revised, withdrawn, or modified
that portion of the regulation or effluent limitation guideline on which the
permit condition was based, or has approved a state action with regard to a
water quality standard on which the permit condition was based; and
(3-24-22)
(c) A permittee requests
modification in accordance with Subsection
201.01 or
203.01 within ninety (90) days
after notice of the action on which the request is based; and
(3-24-22)
(2) For
judicial decisions, a court of competent jurisdiction has remanded and stayed
EPA or Idaho promulgated regulations or effluent limitation guidelines, if the
remand and stay concerns that portion of the regulations or guidelines on which
the permit condition was based and a request is filed by the permittee in
accordance with Subsection
201.01 or
203.01 within ninety (90) days
of judicial remand. (3-24-22)
iv. The Department determines good cause
exists for modification of a compliance schedule, such as an act of God,
strike, flood, or materials shortage or other events over which the permittee
has little or no control and for which there is no reasonably available remedy.
However, in no case may an IPDES compliance schedule be modified to extend
beyond an applicable Clean Water Act statutory deadline. (3-24-22)
v. When the permittee has filed a request for
a variance under Clean Water Act section
301(c),
301(g),
301(i),
301(k), or
316(a) or for
fundamentally different factors within the time specified in Section
310 (Variances).
(3-24-22)
vi. When required to
incorporate an applicable Clean Water Act 307(a) toxic effluent standard or
prohibition, under Subsection
302.04. (3-24-22)
vii. When required by the reopener conditions
in a permit, which are established in the permit under Subsection
302.05 or
40 CFR
403.18(e) (Pretreatment
Standards). (3-24-22)
viii. Upon
request of a permittee who qualifies for effluent limitations on a net basis,
or when a discharger is no longer eligible for net limitations, as provided in
Subsection 303.07. (3-24-22)
ix. As necessary under
40 CFR
403.8(e) (Pretreatment
Program Requirements: Development and Implementation by POTW).
(3-24-22)
x. Upon failure of an
approved state to notify, as required by the Clean Water Act section
402(b)(3), another
state whose waters may be affected by a discharge from the approved state.
(3-24-22)
xi. When the level of
discharge of any pollutant which is not limited in the permit exceeds the level
which can be achieved by the technology-based treatment requirements
appropriate to the permittee under
40 CFR
125.3(c).
(3-24-22)
xii. To establish a
notification level as provided in Subsection
302.08. (3-24-22)
xiii. To modify a schedule of compliance to
reflect the time lost during construction of an innovative or alternative
facility, in the case of a POTW which has received a loan under IDAPA 58.01.12,
"Rules for Administration of Water Pollution Control Loans." In no case shall
the compliance schedule be modified to extend beyond an applicable Clean Water
Act statutory deadline. (3-24-22)
xiv. For a small MS4, to include an effluent
limitation requiring implementation of a minimum control measure or measures as
specified in 40 CFR
122.34(b) when: (3-24-22)
(1) The permit does not include such
measure(s) based upon the determination that another entity was responsible for
implementation of the requirement(s), and (3-24-22)
(2) The other entity fails to implement
measure(s) that satisfy the requirement(s). (3-24-22)
xv. To correct technical mistakes, such as
errors in calculation, or mistaken interpretations of law made in determining
permit conditions. (3-24-22)
xvi.
When the discharger has installed the treatment technology considered by the
permit writer in setting effluent limitations imposed under the Clean Water Act
section 402(a)(1)
and has properly operated and maintained the
facilities but nevertheless has been unable to achieve those effluent
limitations. In this case, the limitations in the modified permit may reflect
the level of pollutant control actually achieved (but shall not be less
stringent than required by a subsequently promulgated effluent limitations
guideline). (3-24-22)
xvii. The
incorporation of the terms of a CAFO's nutrient management plan into the terms
and conditions of a general permit when a CAFO obtains coverage under a general
permit in accordance with 40
CFR 122.23(h) and Section
130 (General Permits) is not a
cause for modification pursuant to the requirements of this section.
(3-24-22)
xviii. When required by a
permit condition to incorporate a land application or sludge disposal plan for
beneficial reuse of sewage sludge, to revise an existing land application or
sludge disposal plan, or to add a land application or sludge disposal plan as
required by IDAPA 58.01.16.650, "Wastewater Rules," and Section
380 (Sewage Sludge) of these rules.
(3-24-22)
d. The
following are causes to modify or, alternatively, revoke and reissue a permit:
(3-24-22)
i. Cause exists for termination
under Subsection 203.03,
and the Department determines that modification or revocation and reissuance is
appropriate; (3-24-22)
ii. The
Department has received notification, as required in the permit, of a proposed
transfer of the permit; or (3-24-22)
iii. A permit also may be modified to reflect
a transfer after the effective date of an automatic transfer (Subsection
202.02) but will not be revoked
and reissued after the effective date of the transfer except upon the request
of the new permittee. (3-24-22)