Utah Admin. Code R315-311-2 - Permit Modification, Renewal, or Termination

(1) A permit may be considered for modification or termination at the request of any interested person, including the permittee, or upon the director's initiative in accordance with Section R315-124-5. Requests for permit modification or termination shall become effective only upon approval by the director and in accordance with Section R315-124-15.

(a) Minor modifications of a permit or plan of operation may not be subject to the 45 day public comment period as required by Section R315-311-3, unless obligatory under Subsection R315-311-2(1)(b). The following modifications shall be considered minor, except that Subsections R315-311-2(1)(a)(vi) and R315-311-2(1)(a)(viii) are not minor modifications for coal combustion residual units.

(i) Corrections of typographical errors.

(ii) Changes to the name, address, or phone number of persons or agencies identified in the permit.

(iii) Changes to administrative or informational items.

(iv) Making changes to procedures for maintaining the operating record or the location where the operating record is kept.

(v) Changes are made to provide for more frequent monitoring, reporting, sampling, or maintenance.

(vi) A compliance date extension request is made for a new date not to exceed 120 days after the date specified in the approved permit.

(vii) Changes are made to the expiration date of the permit to allow an earlier permit termination.

(viii) Changes are made to the closure schedule for a unit, to the final closure schedule for the facility, or the closure period is extended.

(ix) The director determines, in the case of a permit transfer application, that no change in the permit other than the change in the name of the owner or operator is necessary.

(x) Equipment is upgraded or replaced with functionally equivalent components.

(xi) Changes are made in sampling or analysis methods, procedures, or schedules and those changes conform with Rule R315-308 if sampling or analyzing groundwater.

(xii) Changes are made in the construction or groundwater monitoring quality control quality assurance plans that will better certify that the specifications for construction, closure, sampling, or analysis will be met.

(xiii) Changes are made in the facility plan of operation that conform to guidance or rules approved by the Waste Management and Radiation Control Board or provide more efficient waste handling or more effective waste screening.

(xiv) Replacement of an existing monitoring well with a new well without changing the location.

(xv) Changes are made in the design or depth of a monitoring well that provides more effective monitoring.

(xvi) Changes are made in the statistical method used to statistically analyze the groundwater quality data that conform with Rule R315-308.

(xvii) Changes are made in any permit condition that are more restrictive or provide more protection to health or the environment.

(b) The director may subject any minor modification request to the 45 day public comment period described in Subsection R315-311-3(1) if justified by conditions and circumstances.

(c) A permit modification that does not meet the requirements of Subsection R315-311-2(1)(a) for a minor modification shall be a major modification.

(d) If the director determines that major modifications to a permit or plan of operation are justified, a new operational plan incorporating the approved modifications shall be prepared. The modifications shall be subject to the public comment period as specified in Section R315-311-3.

(2) An application for permit renewal shall consist of the information required by Section R315-310-9. Upon receipt, the director will review the application in accordance with Section R315-124-3, and a draft permit or a notice of intent to deny will be prepared in accordance with Section R315-124-6. The current permit shall remain in effect until issuance or denial of a new permit. Each permit renewal shall be subject to the public comment requirements of Section R315-311-3.

(3) The director shall notify, in writing, the owner or operator of any facility of intent to terminate a permit in accordance with Subsections R315-124-5(d) and R315-124-5(e). A permit may be terminated for:

(a) noncompliance with any condition of the permit;

(b) noncompliance with any applicable rule;

(c) failure in the application or during the approval or renewal process to disclose fully each relevant fact;

(d) misrepresentation by the owner or operator of any relevant facts at any time; or

(e) a determination that the solid waste activity or facility endangers human health or the environment.

(4) The owner or operator of a facility may appeal any action associated with modification, renewal, or termination in accordance with Section R315-317-3, Title 63G Chapter 4, Administrative Procedures Act, and Rule R305-7.

Notes

Utah Admin. Code R315-311-2

Amended by Utah State Bulletin Number 2024-03, effective 1/16/2024