The Director may determine whether or not one or more of the
causes, listed in R317-8-5.6(1) and (2) for modification or revocation and
reissuance or both, exist. If cause exists, the Director may modify or revoke
and reissue the permit accordingly, 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. If cause does not exist under this section, the Director shall not modify
or revoke and reissue the permit. If a permit modification satisfies the
criteria in R317-8-5.6(3) for "minor modifications" the permit may be modified
without a draft permit or public review. Otherwise, a draft permit must be
prepared and the procedures in
R317-8-6 must
be followed.
(1) Causes for
Modification. The following are causes for modification but not revocation and
reissuance of permits except when the permittee requests or agrees to
revocation and reissuance as well as modification of a permit.
(a) Alterations. If there are material and
substantial alterations or additions made to the permitted facility or activity
which occurred after permit issuance, such alterations may justify the
application of revised permit conditions which are different or absent in the
existing permit.
(b) Information.
Information received by the Director regarding permitted activities may show
cause for modification. UPDES permits may be modified during their terms for
this cause only if the information was not available at the time of permit
issuance, (except for revised regulations, guidance or test methods) and would
have justified application of different conditions at the time of permit
issuance. In addition, the applicant must show that the information would have
justified the application of different permit conditions at the time of
issuance. For UPDES general permits this cause shall include any information
indicating that cumulative effects on the environment are
unacceptable.
(c) New Regulations.
If the standards or rules on which the permit was based have been changed by
promulgation of amended standards or rules or by judicial decision after the
permit was issued permits may be modified during their terms for this case only
as follows:
1. For promulgation of amended
standards or rules, when:
a. The permit
condition requested to be modified was based on promulgated effluent limitation
guidelines or promulgated water quality standards; or the Secondary Treatment
Regulations; and
b. EPA has
revised, withdrawn, or modified that portion of the regulation or effluent
limitation guideline on which the permit condition was based or has approved
the Director's action with regard to a water quality standard on which the
permit condition was based; and
c.
A permittee requests modification in accordance with R317-8-6.1 within ninety
(90) days after the amendment, revision or withdrawal is promulgated.
2. For judicial decisions, a court
of competent jurisdiction has remanded and stayed EPA promulgated regulations
or effluent limitation guidelines, if the remand and stay concern that portion
of the regulations or guidelines on which the permit condition was based and a
request is filed by the permittee in accordance with R317-8-6.2 within ninety
(90) days of judicial remand.
(d) Compliance Schedules. A permit may be
modified if the Director determines 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 reasonably available remedy. However, in no case will a UPDES
compliance schedule be modified to extend beyond an applicable statutory
deadline in
R317-8-7.
(e) In addition the Director may modify a
permit:
1. When the permittee has filed a
request for a variance under R317-8-2.3, R317-8-2.7 or for "fundamentally
different factors" within the time specified in
R317-8-3
or R317-8-7.7(8) a (and the Director processes the request under the applicable
provisions).
2. When required to
incorporate an applicable toxic effluent standard or prohibition under
R317-8-4.2(2).
3. When required by
the "reopener" conditions in a permit, which are established in the permit
under R317-8-4.2(3) for toxic effluent limitations and standards for sewage
sludge use or disposal.
4. Upon
request of a permittee who qualifies for effluent limitations on a net basis
under R317-8-4.3(8).
5. When a
discharger is no longer eligible for net limitations, as provided in
R317-8-4.3(8).
6. As necessary
under EPA effluent limitations guidelines concerning compliance schedule for
development of a pretreatment program.
7. When the level of discharge of any
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 R317-8-7.1(2)(c).
8. To establish a "notification level" as
provided in R317-8-4.2(6).
9. To
modify a schedule of compliance to reflect the time lost during the
construction of an innovative or alternative facility in the case of the POTW
which has received a grant from EPA of 100% of the cost to modify or replace
the facilities. In no case will the compliance schedule be modified to extend
beyond an applicable statutory deadline for compliance.
10. Upon failure of the Director to notify an
affected state whose waters may be affected by a discharge from Utah.
11. To correct technical mistakes, such as
errors in calculation, or mistaken interpretations of law made in determining
permit conditions.
12. When the
discharger has installed the treatment technology considered by the permit
writer in setting effluent limitations and has properly operated and maintained
the facilities but nevertheless has been unable to achieve those effluent
limitations. In this case, the limitations in the modified permit may reflect
the level of pollutant control actually achieved (but shall not be less
stringent than required by a subsequently promulgated effluent limitations
guideline).
13. 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.
(2) Causes for Modification or Revocation and
Reissuance. The following are causes to modify or alternatively revoke or
reissue a permit:
(a) Cause exists for
termination under R317-8-5.7 and the Director determines that modification or
revocation and reissuance is appropriate.
(b) The Director has received notification 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 but will not be
revoked and reissued after the effective date of the transfer except upon the
request of the new permittee.
(3) Minor modifications of permits. Upon the
consent of the permittee, the Director may modify a permit to make the
corrections or allowances for changes in the permitted activity listed in this
section, without following the procedures of
R317-8-6. Any
permit modification not processed as a minor modification under this section
must be made for cause and with a Section
R317-8-6 draft
permit and public notice as required under this section. Minor modifications
may only:
(a) Correct typographical
errors;
(b) Require more frequent
monitoring or reporting by the permittee;
(c) Change an interim compliance date in a
schedule of compliance, provided the new date is not more than 120 days after
the date specified in the existing permit and does not interfere with
attainment of the final compliance date requirement;
(d) Allow for a change in ownership or
operational control of a facility 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 permittees has been submitted to the
;Director
(e) Change the
construction schedule for a discharger which is a new source. No such change
shall affect a disclosure obligation to have all pollution control equipment
installed and in operation prior to discharge; or
(f) Delete a point source outfall when the
discharge from that outfall is terminated and does not result in discharge of
pollutants from other outfalls except in accordance with permit
limits.
(g) Incorporate conditions
of a POTW pretreatment program that has been approved in accordance with the
procedures in R317-8-8.10 (or a modification thereto that has been approved in
accordance with the procedures in R317-8-8.16 as enforceable conditions of the
POTW's permits).