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.
