Sec. 16.
(a) An
issued permit may be modified, in whole or in part, revoked and reissued, or
terminated during its term for cause as specified in this section. Such action
may be taken at the commissioner's own initiative or upon the request of any
interested person. If the commissioner determines that cause exists for
modification or revocation and reissuance of a permit, an updated application
or a pertinent portion of an application may be requested if needed to provide
sufficient information to prepare the draft permit.
(b) Causes for modification, revocation and
reissuance, or termination of a permit include the following:
(1) Violation of any term or condition of the
permit.
(2) Failure of the
permittee to disclose fully all relevant facts or misrepresentation of any
relevant facts by the permittee in the application or during the permit
issuance process.
(3) A change in
any condition that requires either a temporary or a permanent reduction or
elimination of any discharge controlled by the permit, e.g., plant closure,
termination of discharge by connection to a POTW, a change in state law that
requires the reduction or elimination of the discharge, or information
indicating that the permitted discharge poses a substantial threat to human
health or welfare.
(c)
In addition to the provisions of subsection (b), causes for modification, or
revocation and reissuance, but not termination, of a permit include the
following:
(1) A change in ownership or
control of a source which has a permit, where required by the commissioner
under section 6(c) of this rule.
(2) Promulgation of an applicable toxic
effluent standard or prohibition under section 307(a)(2) of the CWA for a toxic
pollutant which is injurious to human health if that standard or prohibition is
more stringent than any limitation in the permit on the toxic
pollutant.
(3) The occurrence of
circumstances which meet the conditions for invoking a reopener clause
contained in the permit, such as the reopener clause specified under section
8(b)(1)(A) of this rule for primary industrial dischargers.
(d) In addition to the provisions
of subsections (b) and (c), a permit may be modified for any of the following
causes:
(1) Material and substantial
alterations or additions to the discharger's operation which were not covered
in the effective permit, e.g., production changes, relocation or combination of
discharge points, changes in the nature or mix of products produced, provided
that such alterations do not constitute total replacement of the process or
production equipment causing the discharge which converts it into a new
source.
(2) The existence of a
factor or factors which, if properly and timely brought to the attention of the
commissioner, would have justified the application of limitations, standards,
or other requirements different from those imposed by the NPDES permit but only
if the requester shows that such factor or factors arose after the permit was
issued or could not reasonably have been known by the requestor prior to
issuance of the permit.
(3)
Suspension, withdrawal, or revision of a regulation (including an interim final
regulation), promulgated by EPA or the board, establishing effluent limitation
guidelines, effluent standards, water quality standards, or treatment
requirements, but only when such suspension, withdrawal, or revision affects
that portion of the regulation which is the basis for the permit term or
condition that is requested to be modified or revoked.
(4) Judicial remand and stay of a promulgated
effluent limitations guideline, effluent standard, or water quality standard,
if the remand concerns that portion of the guideline or standard on which the
permit term or condition was based.
(5) The granting by the commissioner of a
permittee's request for a modification of, or variance from, effluent
limitations as specifically authorized by the CWA, e.g., section 301(c),
301(g), 301(i), or 301(k) or for a fundamentally different factors variance
under 327 IAC 5-6.
(6) Failure of
the commissioner to notify another state whose waters may be affected by the
discharge as required by section 402(b)(3) of the CWA.
(7) Upon request of a permittee who qualifies
for effluent limitations on a net basis under section 11(f) of this rule, or
upon a determination by the commissioner that a permittee is no longer eligible
for net effluent limitations.
(8)
When the level of discharge of any toxic 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 the CWA (see
327 IAC
5-5-2) .
(9) When the permittee begins or expects to
begin to use or manufacture as an intermediate or final product or byproduct
any toxic pollutant which was not reported in the permit application under 40
CFR 122.53(d)(9), except that this subdivision shall not apply to such a use or
manufacture of a toxic pollutant solely under research or laboratory
conditions.
(10) A determination by
the commissioner that a notification level should be established under section
9(a) of this rule.
(11) A
determination by the commissioner that a POTW shall be required to develop a
POTW pretreatment program, under one (1) of the circumstances specified in 327
IAC 5-13-2(d) or the approval by the commissioner of:
(A) a POTW pretreatment program; or
(B) an application by the POTW for authority
to revise, on the basis of consistent removal of a toxic pollutant by the POTW,
discharge limits otherwise applicable to that pollutant under a categorical
pretreatment standard.
(12) When otherwise authorized under this
rule.
(13) The promulgation by EPA
of an effluent limitation guideline that is applicable to the permittee and is
less stringent than corresponding technology-based effluent limitations in the
permit which were imposed under section 402(a)(1) of the CWA.
(e) The following permit
modifications shall not require public notice and opportunity for hearing under
327 IAC 5-3 unless they would render the applicable standards and limitations
in the permit less stringent, or unless contested by the permittee:
(1) Correction of typographical
errors.
(2) A change requiring more
frequent monitoring or reporting by the permittee.
(3) A change in an interim compliance date,
but not more than one hundred twenty (120) days beyond the date previously
established and not where the change would interfere with the attainment of a
final compliance date.
(4) A change
in ownership or control of a source which has a permit where no other change in
the permit is necessary and where transfer is accomplished under section 6(c)
of this rule.
(5) A change in the
construction schedule for a discharger which is a new source. No such change
shall affect a discharger's obligation to have all pollution control equipment
installed and in operation prior to discharge under section 17 of this
rule.
(6) Deletion of a point
source outfall, where the discharge from that outfall is terminated and does
not result in discharge of pollutants from other outfalls except in accordance
with permit limits.