Current through Register Vol. 48, No. 9, September 27, 2024
(a) When the
Department receives any information (for example, inspects the facility,
receives information submitted by the permittee as required in the permit (see
section505.41), receives a request for modification or revocation and
reissuance under R.61-9.124.5, or conducts a review of the permit file), it may
determine whether or not one or more of the causes listed in paragraphs (d) and
(e) of this section for modification or revocation and reissuance or both
exist.
(b) If cause exists, the
Department may modify or revoke and reissue the permit accordingly, subject to
the limitations of R.61-9.124.5(c)(2)(c), and may request an updated
application, if necessary. When a permit is modified, only the conditions
subject to modification are reopened. If a permit is revoked and reissued, the
entire permit is reopened and subject to revision and the permit is reissued
for a new term. See R.61-9.124.5(c)(c)(2).
(c) If a permit modification satisfies the
criteria in section505.63 for "minor modifications" the permit may be modified
without a draft permit or public review. Otherwise, a draft permit must be
prepared and other procedures in R.61-9.124 followed.
(d) Causes for modification. The following
are causes for modification or revocation and reissuance of permits.
(1) Alterations. There are material and
substantial alterations or additions to the permitted facility or activity
(including a change or changes in the permittee's sludge use or disposal
practice) which occurred after permit issuance which justify the application of
permit conditions that are different or absent in the existing
permit.
(2) Information. The
Department has received new information.
(3) New regulations. The standards or
regulations on which the permit was based have been changed by promulgation of
amended standards or regulations or by judicial decision after the permit was
issued.
(4) Compliance schedules.
The Department determines good cause exists for modification of a compliance
schedule or terms and conditions of a permit, 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 reasonably available remedy. See
also section505.63(c)(c) (minor modifications).
(5) [Reserved]
(6) 307(a) toxics. When required to
incorporate an applicable 307(a) of the CWA toxic effluent standard or
prohibition (see R.61-9.122(b)(1)(b)(1)).
(7) Reopener. When required by the "reopener"
conditions in a permit, or when established in the permit under
R.61-403.10(e)(e)(pretreatment program).
(8) [Reserved]
(9) Pretreatment. As necessary under
R.61-9.403.8(e)(e)(compliance
schedule for development of pretreatment program).
(10) [Reserved]
(11) Non-limited pollutants. When the level
of discharge of any pollutant which is not limited in the permit exceeds the
level which may cause an adverse impact to surface or groundwaters.
(12) [Reserved]
(13) [Reserved]
(14) [Reserved]
(15) To correct technical mistakes, such as
errors in calculation, or mistaken interpretations of law made in determining
permit conditions.
(16) When the
discharger has installed the treatment technology considered by the permit
writer when developing effluent limits and has properly operated and maintained
the facilities, but nevertheless has been unable to achieve those effluent
limitations.
(17)
[Reserved]
(18) Land application
plans. When required by a permit condition to incorporate a land application
plan for beneficial reuse of sewage sludge, to revise an existing land
application plan, or to add a land application plan.
(e) Causes for modification or revocation and
reissuance. The following are causes to modify or, alternatively, revoke and
reissue a permit:
(1) Cause exists for
termination under section505.64, and the Department determines that
modification or revocation and reissuance is appropriate.
(2) The Department has received notification
(as required in the permit, see section505.41(l)(3)(l)(3)) of a proposed
transfer of the permit. A permit also may be modified to reflect a transfer
after the effective date of an automatic transfer (section505.61(b)(b)); but it
will not be revoked and reissued after the effective date of the transfer,
except upon the request of the new permittee.
(3) There is a violation of any terms or
conditions of the permit, or of a State surface or groundwater
standard.
(4) The permittee has
obtained a permit by misrepresentation or has failed to disclose all relevant
facts to the Department. This includes providing inaccurate or misleading
information to the Department on a permit application, or conditions have
changed and the permit application does not reflect the actual
conditions.
