When the director receives any information (for example,
inspects the facility, receives information submitted by the permittee as
required in the permit (see section
11-270-30), receives a request
for revocation and reissuance under section
11-271-5 or conducts a review of
the permit file), he or she may determine whether one or more of the causes
listed in subsections (a) and (b) of this section for modification, or
revocation and reissuance or both exist. If cause exists, the director may
modify or revoke and reissue the permit accordingly, subject to the limitations
of subsection (c) of this section, 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 paragraph
11-271-5(c) (2).)
If cause does not exist under this section, the director shall not modify or
revoke and reissue the permit, except on request of the permittee. If a permit
modification is requested by the permittee, the director shall approve or deny
the request according to the procedures of section
11-270-42. Otherwise, a draft
permit must be prepared and other procedures in chapter 11-271 followed.
(a) Causes for modification. The following
are causes for modification, but not revocation and reissuance, of permits; the
following may be causes for revocation and reissuance, as well as modification,
when the permittee requests or agrees.
(1)
Alterations. There are material and substantial alterations or additions to the
permitted facility or activity which occurred after permit issuance which
justify the application of permit conditions that are different or absent in
the existing permit.
(2)
Information. The director has received information. Permits may be modified
during their terms for this cause only if the information was not available at
the time of permit issuance (other than revised regulations, guidance, or test
methods) and would have justified the application of different permit
conditions at the time of issuance.
(3) New statutory requirements or
regulations. The standards or regulations on which the permit was based have
been changed by statute, through promulgation of new or amended standards or
regulations, or by judicial decision after the permit was issued.
(4) Compliance schedules. 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.
(5)
Notwithstanding any other provision in this section, when a permit for a land
disposal facility is reviewed by the director under subsection
11-270-50(d),
the director shall modify the permit as necessary to assure that the facility
continues to comply with the currently applicable requirements in chapters
11-271, 11-260 through 11-266, and 11-270.
(b) 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 section
11-270-43, and the director determines that
modification or revocation and reissuance is appropriate.
(2) The director has received notification
(as required in the permit, see paragraph 11-270-30(1) (3)) of a proposed
transfer of the permit.
(c) Facility siting. Suitability of the
facility location will not be considered at the time of permit modification or
revocation and reissuance unless new information or standards indicate that a
threat to human health or the environment exists which was unknown at the time
of permit issuance.
