1. The
Director may modify a permit for the management of waste containing
polychlorinated biphenyl if:
(a) The holder
files a request to make substantial alterations, additions or changes to the
facility or activity after issuance of the permit;
(b) The Director has received information
which was not available at the time the permit was issued and which would have
justified the imposition of different conditions upon the holder of the
permit;
(c) The standards or
regulations on which the permit was based have been changed by amendment or by
judicial decision after the permit was issued;
(d) The Director determines that good cause
exists for modification of a schedule for compliance, such as a strike, a
shortage of materials, a flood or other act of God, or some other event over
which the holder has little or no control and for which there is no reasonably
available remedy;
(e) The Director
receives new information that the facility in its existing location constitutes
a threat to human health or the environment;
(f) The holder files a request for a variance
from the level of required financial responsibility or the Director finds that
an adjustment of the level of financial responsibility is necessary;
(g) The Director has received notification of
a proposed transfer of the permit;
(h) One of the causes set forth in NAC
444.9525 exists for the termination of a permit and the Director determines
that modification or revocation and reissuance is appropriate; or
(i) The Director determines that:
(1) Extension and modification of the time
for closing the facility;
(2)
Continuation of requirements for security at the facility; or
(3) Disturbing the integrity of the system
for containment of waste at the facility, is unwarranted.
2. Each request from an interested
person, including the holder of the permit, for a modification or a revocation
and reissuance of a permit must be in writing and contain facts or reasons
supporting the request.
3. If the
Director decides to modify a permit or to revoke and reissue it, he or she
shall prepare a draft permit incorporating the proposed changes.
4. In the case of:
(a) A revoked and reissued permit, the owner
or operator must submit a new application.
(b) A modified permit, the Director may
require the owner or operator to submit an updated application.
5. The Director may request
additional information from the owner or operator as needed.
6. When a permit is modified, only those
conditions to be modified may be considered when a new draft of a permit is
prepared. All other aspects of the existing permit must remain in effect for
the duration of the unmodified portion of the permit.
7. When a permit is revoked and reissued, the
entire subject of the permit may be considered, as if the permit had expired
and was being reissued. During any procedure for revocation and reissuance, the
holder shall comply with all conditions of the existing permit until a final
permit is reissued.
Added to NAC by
Environmental Comm'n, eff. 6-29-84; A 9-19-90
