Kan. Admin. Regs. § 28-46-15 - Modification and reissuance of permits
(a) Any permit may be modified and reissued
either at the request of any interested person , including the permittee , or
upon the secretary 's initiative after conducting a review of the permit
file.
(b) Each request from any
interested person or the permittee shall be submitted in writing and shall
contain facts or reasons supporting the request.
(c) If at least one of the causes listed in
subsection (d) for modification or reissuance exists, a draft permit including
the modifications to the existing permit shall be issued.
(d) Each of the following shall be cause for
modification and reissuance:
(1) There are
material and substantial alterations or additions to the permitted facility or
activity that occurred after permit issuance and justify the application of
permit conditions that are different from or absent in the existing
permit .
(2) The secretary has
received information indicating that the terms of the permit need modification
because the information was not provided to the secretary when the permit was
issued.
(3) The regulations on
which the permit was based have been changed by promulgation of new or amended
regulations or by judicial decision after the permit was issued.
(4) The secretary determines that good cause
exists for modification of a compliance schedule, including an act of God,
strike, flood, materials shortage, or any other event over which the permittee
has little or no control and for which there is no reasonably available
remedy.
(5) Cause exists for
termination under K.A.R. 28-46-16, and the secretary determines that
modification and reis-suance is appropriate.
(6) The secretary determines that the waste
being injected is a hazardous waste either because the definition of hazardous
waste has been revised or because a previous determination has been
changed.
(7) The secretary
determines that the location of the facility is unsuitable because new
information indicates that a threat to human health or the environment exists
that was unknown at the time of permit issuance.
(e)
(1) If
the secretary decides to modify and reissue a permit , a draft permit under
K.A.R. 28-46-7 shall be prepared by the secretary incorporating the proposed
changes. Additional information may be requested by the secretary , and the
submission of an updated application may be required by the
secretary .
(2) If a permit is
modified, only those conditions to be modified shall be reopened when a new
draft permit is prepared. All other aspects of the existing permit shall remain
in effect.
(3) A permit may be
modified to make minor modifications to a permit without the issuance of a
draft permit . Minor modifications shall include the following:
(A) Correcting typographical
errors;
(B) requiring more frequent
monitoring or reporting by the permittee ;
(C) changing an interim compliance date in a
schedule of compliance, if 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) allowing for a change in ownership or
operational control of a facility if the secretary determines that no other
change in the permit is necessary, if a written agreement containing a specific
date for transfer of permit responsibility, coverage, and liability between the
current and new permittee has been submitted to the secretary ;
(E) changing quantities or types of fluids
injected that are within the capacity of the facility as permitted, if the
change meets the following conditions:
(i)
The change would not interfere with the operation of the facility ;
(ii) the change would not interfere with the
facility 's ability to meet conditions described in the permit ; and
(iii) the change would not change the
facility 's classification;
(F) changing construction requirements
previously approved by the secretary ; and
(G) amending a plugging and abandonment plan
that has been updated.
Notes
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