Sec. 18 AAC 83.480 - Reissued permits
§ 18 AAC 83.480. Reissued permits
(a) Except as provided in (b) of this section, when a permit is renewed or reissued, interim effluent limitations, standards, or conditions must be at least as stringent as the final effluent limitations, standards, or conditions in the previous permit, unless the circumstances on which the previous permit was based have materially and substantially changed since the permit was issued, and the change in circumstances would constitute cause for permit modification or revocation and reissuance under 18 AAC 83.135.
(b) In the case of effluent limitations established on the basis of 33 U.S.C. 1342(a)(1)(B), a permit may not be renewed, reissued, or modified on the basis of effluent guidelines promulgated under 33 U.S.C. 1314(b) after the original issuance of the permit to contain effluent limitations that are less stringent than the comparable effluent limitations in the previous permit, except that a permit under this subsection may be renewed, reissued, or modified to contain a less stringent effluent limitation applicable to a pollutant, if
(1) a material and substantial alteration or addition to the permitted facility that justifies the application of a less stringent effluent limitation occurred after permit issuance;
(2) information other than revised regulations, guidance, or test methods that would have justified the application of a less stringent effluent limitation is now available but was not available at the time of permit issuance, or the department determines that technical mistakes or mistaken interpretations of law were made in issuing the permit under 33 U.S.C. 1342(a)(1)(b);
(3) a less stringent effluent limitation is necessary because of events over which the permittee has no control and for which there is no reasonably available remedy;
(4) the permittee has received a permit modification under 33 U.S.C. 1311(c), (g) - (i), (k), (n), or 1326(a); or
(5) the permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, in which case the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant control actually achieved, but shall not be less stringent than required by effluent guidelines in effect at the time the permit was renewed, reissued, or modified.
(c) A permit to which (b) of this section applies may not be renewed, reissued, or modified to contain an effluent limitation that is less stringent than required by effluent guidelines in effect at the time the permit is renewed, reissued, or modified. A permit may not be renewed, issued, or modified to contain a less stringent effluent limitation if implementation of the less stringent limitation would result in a violation of a water quality standard under 33 U.S.C. 1313 or 18 AAC 70.(Eff. 7/29/2006, Register 179)
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