Utah Admin. Code R315-124-5 - Procedures for Decisionmaking - Modification, Revocation and Reissuance, or Termination of Permits

(a) Permits may be modified, revoked and reissued, or terminated either at the request of any interested person, including the permittee, or upon the director's initiative. However, permits may only be modified, revoked and reissued, or terminated for the reasons specified in Sections R315-270-41, R315-270-43 or Subsection R315-311-2(1). Each request shall be in writing and shall contain facts or reasons supporting the request.

(b) If the director decides the request to modify, revoke and reissue, or terminate a permit is not justified, the director shall either send the requester a brief written response giving a reason for the decision or submit the request to public notice, comment, or hearings. The director's decision to deny a request constitutes a permit order under Rule R305-7 and may be appealed by following the requirements of Sections R305-7-201 through R305-7-217.

(c)

(1) If the director tentatively decides to modify a nonhazardous waste or hazardous waste facility permit or revoke and reissue a hazardous waste facility permit under Section R315-270-41 or Subsection R315-270-42(c), the director shall prepare a draft permit under Section R315-124-6 incorporating the proposed changes. The director 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 director shall require the submission of a new application.

(2) In a permit modification under Section R315-124-5, only those conditions to be modified shall be reopened when a draft permit is prepared. The other aspects of the existing permit shall remain in effect. If a permit is revoked and reissued under Section R315-124-5, the entire permit is reopened just as if the permit had expired and were being reissued. During any revocation and reissuance proceeding the permittee shall comply with the conditions of the existing permit until a new final permit is reissued.

(3) Classes 1 and 2 modifications as defined in Subsections R315-270-42(a), R315-270-42(b), and minor modifications defined in Subsection R315-311-2(1) are not subject to the requirements of Section R315-124-5.

(d) If the director tentatively decides to terminate a permit under Section R315-270-43 or Subsection R315-311-2(3) the director shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit that follows the procedures for a draft permit prepared under Section R315-124-6.

(e) Each draft permit, including notices of intent to terminate, prepared under Section R315-124-5 shall be based on the administrative record as defined in Section R315-124-9.

Notes

Utah Admin. Code R315-124-5

Adopted by Utah State Bulletin Number 2016-9, effective 4/15/2016 Amended by Utah State Bulletin Number 2024-03, effective 1/16/2024