Causes for modification. The following are
causes for modification but not revocation and reissuance of permits except
when the permittee requests or agrees.
There are material and substantial alterations or additions to the permitted
facility or activity (including a change or changes in the permittee's sludge
use or disposal practice) which occurred after permit issuance which justify
the application of permit conditions that are different or absent in the
2. The department
has received new 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. For VPDES general permits this cause includes any information
indicating that cumulative effects on the environment are unacceptable. For new
source or new discharger VPDES permits this cause shall include any significant
information derived from effluent testing required on the permit application
after issuance of the permit.
The standards or regulations on which the permit was based have been changed by
promulgation of amended standards or regulations or by judicial decision after
the permit was issued. Permits may be modified during their terms for this
cause only as follows:
For promulgation of
amended standards or regulations, when:
The permit condition requested to be modified was based on a promulgated
effluent limitation guideline, EPA approved or promulgated water quality
standards, or the Secondary Treatment Regulations incorporated by reference in
(2) EPA has revised, withdrawn, or modified
that portion of the regulation or effluent limitation guideline on which the
permit condition was based, or has approved a state action with regard to a
water quality standard on which the permit condition was based; and
(3) A permittee requests modification in
accordance with this chapter within 90 days after Federal Register notice of
the action on which the request is based;
b. For judicial decisions, a court of
competent jurisdiction has remanded and stayed EPA promulgated regulations or
effluent limitation guidelines, if the remand and stay concern that portion of
the regulations or guidelines on which the permit condition was based and a
request is filed by the permittee in accordance with this chapter within 90
days of judicial remand; or
changes based upon modified state certifications of VPDES permits.
4. The board 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.
However, in no case may a VPDES compliance schedule be modified to extend
beyond an applicable CWA statutory deadline.
When the permittee has filed a request for
a variance pursuant to
L or M within the
time specified in this chapter.
When required to incorporate an applicable CWA § 307(a) toxic effluent
standard or prohibition.
request of a permittee who qualifies for effluent limitations on a net basis
When a discharger is no longer eligible
for net limitations as provided in
G 1 b.
As necessary under
E for a pretreatment
10. Upon failure to notify
another state whose waters may be affected by a discharge.
11. When the level of discharge of any
pollutant which is not limited in the permit exceeds the level which can be
achieved by the technology-based treatment requirements appropriate to the
To establish a
notification level as provided in
13. To modify a schedule of compliance to
reflect the time lost during construction of an innovative or alternative
facility, in the case of a POTW which has received a grant under §
202(a)(3) of the CWA for 100% of the costs to modify or replace facilities
constructed with a grant for innovative and alternative wastewater technology
under § 202(a)(2) of the CWA. In no case shall the compliance schedule be
modified to extend beyond an applicable CWA statutory deadline for
14. To correct
technical mistakes, such as errors in calculation, or mistaken interpretations
of law made in determining permit conditions.
15. When the discharger has installed the
treatment technology considered by the permit writer in setting effluent
limitations imposed under the law and § 402(a)(1) of the CWA and has
properly operated and maintained the facilities but nevertheless has been
unable to achieve those effluent limitations. In this case, the limitations in
the modified permit may reflect the level of pollutant control actually
achieved (but shall not be less stringent than required by a subsequently
promulgated effluent limitations guideline).
Causes for modification or revocation and
reissuance. The following are causes to modify or, alternatively, revoke and
reissue a permit:
Cause exists for
, and the board
determines that modification or revocation and reissuance is appropriate;
2. The department has received
notification of a proposed transfer of the permit. A permit also may be
modified to reflect a transfer after the effective date of an automatic
transfer but will not be revoked and reissued after the effective date of the
transfer except upon the request of the new permittee.