When the Director receives any information; for example,
inspects the facility, receives information submitted by the permittee as
required in the permit, see Section
R315-270-30,
receives a request for revocation and reissuance under Section
R315-124-5
or conducts a review of the permit file; the Director may determine whether one
or more of the causes listed in Subsections R315-270-41(a) and (b) 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 R315-270-41(c), 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 Subsection
R315-124-5(c)(2).
If cause does not exist under Section R315-270-41, 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 Subsection
R315-270-42.
Otherwise, a draft permit shall be prepared and other procedures in Rule
R315-124 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 Section R315-270-41, when a
permit for a
land
disposal facility is reviewed by the
Director under Subsection
R315-270-50(d),
the
Director shall modify the
permit as necessary to assure that the
facility
continues to comply with the currently applicable requirements in Rules
R315-124, 260 through 266, and 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
R315-270-43,
and the
Director determines that modification or revocation and reissuance is
appropriate.
(2) The
Director has
received notification; as required in the
permit, see Subsection
R315-270-30(l)(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.
