Current through August 31, 2023
01.
Request
to Terminate or Termination Initiated by the Department. Permits may be
terminated either at the request of any interested person (including the
permittee) or upon the Department's own initiative. However, permits may only
be terminated for the reasons specified in Subsection
203.03 or
203.04. (3-24-22)
a. Request for termination by persons other
than the permittee must be submitted in writing to the Department.
(3-24-22)
b. As of December 21,
2020, all NOTs submitted in compliance with this section must be submitted
electronically by the permittee to the Department in compliance with this
section and 40 CFR Part 127 unless waived pursuant to
40 CFR
127.15. 40 CFR Part 127 is not intended to
undo existing requirements for electronic reporting. Prior to this date, and
independent of 40 CFR Part 127 , the permittee may be required to report
electronically if specified by a particular permit.
(3-24-22)
02.
Tentative Permit Termination. Except as provided in Subsection
203.04, if the Department
tentatively decides to terminate a permit under Subsection
203.03, the Department will
issue a notice of intent to terminate. A notice of intent to terminate will be
available for public comment, and the Department will give notice of an
opportunity for public meetings, as specified in Section
109 (Public Notification and
Comment). (3-24-22)
03.
Cause
to Terminate Permits. The following are causes for terminating a permit
during its term, or for denying a permit renewal application: (3-24-22)
a. Noncompliance by the permittee with any
condition of the permit; (3-24-22)
b. The permittee's failure in the application
or during the permit issuance process to disclose fully all relevant facts, or
the permittee's misrepresentation of any relevant facts at any time;
(3-24-22)
c. A determination that
the permitted activity endangers human health or the environment and can only
be regulated to acceptable levels by permit modification or termination; or
(3-24-22)
d. A change in any
condition that requires either a temporary or permanent reduction or
elimination of any discharge or sludge use or disposal practice controlled by
the permit (for example, plant closure or termination of discharge by
connection to a POTW), or other situations where the Department has
sufficiently reliable basis for determining discharge will cease.
(3-24-22)
04.
Expedited Termination Process for Terminated or Eliminated
Discharge. If the entire discharge is permanently terminated by
elimination of the flow or by connection to a POTW (but not by land application
or disposal into a well), the Department may terminate the permit by notice to
the permittee. (3-24-22)
a. Termination by
notice becomes effective thirty (30) days after notice is sent (expedited
permit termination), unless the permittee objects within that time.
(3-24-22)
b. If the permittee
objects during that period, the Department will follow procedures for
termination in Subsection
203.02. (3-24-22)
c. Expedited permit termination procedures
are not available to permittees that are subject to pending state and/or
federal enforcement actions including citizen suits brought under federal law.
If requesting expedited permit termination procedures, a permittee must certify
that it is not subject to any pending state or federal enforcement actions
including citizen suits brought under federal law.
(3-24-22)
