06-096 C.M.R. ch. 522, § 4 - Modification, revocation and reissuance, or termination of permits [see 40 CFR 124.5]

(a) Permits may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee) or upon the Department's initiative. However, permits may only be modified, revoked and reissued, or terminated for the reasons specified in 38 MRSA §414-A(5). All requests shall be in writing and shall contain facts or reasons supporting the request.

(b) [reserved]

(c)

(1) If the Department tentatively decides to modify or revoke and reissue a permit under 38 MRSA, Sections414-A(5) and 341-D or 40 CFR 144.39(UIC), it shall prepare a draft permit under Section 5 incorporating the proposed changes. The Department may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of revoked and reissued permits, the Department shall require the submission of a new application.

(2) In a permit modification under this section, 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 for the duration of the unmodified permit. When a permit is revoked and reissued under this section, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.

(d) If the Department tentatively decides to terminate a permit under 38 MRSA §414-A(5), it shall issue a notice of intent terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit prepared under Section 5.

Notes

06-096 C.M.R. ch. 522, § 4