Nebraska Administrative Code
Section 126-2-013 - Modifying, Suspending, Revoking, or Reissuing Permits

Current through March 28, 2023

013.01 Any waste management permit issued by the Director, after reasonable notice and opportunity for a public hearing according to the procedure specified for permits in paragraph 017 of this Chapter, may be modified, suspended, revoked, or reissued in whole or in part during its term for cause including, but not limited to:

013.01A A violation of any terms or conditions of the permit.

013.01B Obtaining a permit by misrepresentation of any relevant facts or failure to disclose fully all relevant facts;

013.01C Information indicating that the permitted activity or operation poses a threat to human health or the environment;

013.01D A change in the ownership or control of an activity or operation which has a permit in accordance with paragraph 009 of this Chapter on transferability;

013.01E Upon request by the permittee, provided such request does not create a violation of any existing applicable requirements, standards, laws, or rules and regulations.

013.02 Notwithstanding the provisions of paragraph 013.01 of this Chapter, a waste management permit shall not be revoked until reasonable notice and hearing have been afforded, as specified in Neb. Rev. Stat. § 81-1507(2) (Reissue 1981).

013.03 In addition to the reasons specified in paragraph 013.01 of this Chapter, causes for modification, but not revocation, include, but are not limited to:

013.03A Material and substantial alterations or additions to the permitted activity or operation which occurred after issuance of the permit which justify different conditions than those which are present in the existing permit;

013.03B Information received by the Director which was not available at the time of permit issuance, and would have justified the application of different permit conditions at the time of issuance;

013.03C A change in the standards or regulations on which the permit or license was based.;

013.03D A determination is made by the Director that 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 reasonable available remedy.

013.04 Minor Modification

Permit modifications shall not require public notice and opportunity for hearing unless contested by the permittee when the modification consists of:

013.04A Correcting typographical errors;

013.04B Requiring more or less frequent monitoring or reporting by the permittee;

013.04C Changing an interim compliance date, but not beyond one-hundred twenty (120) days and not where the change would interfere with the attainment of a final compliance date;

013.04D Changing ownership or control of a permitted activity or operation where the Director determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage and liability between the current and new permittee has been submitted to the Director.

013.05 Permit modifications shall not be used to extend the term of a permit.

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