The major difference between cancellation and termination of a permit is that a cancellation is carried out with the consent of the permittee while terminations may be effected without the consent of the permittee. The Bureau of Water will cancel an NPDES permit in two situations. The first cancellation situation is when a facility closes and/or eliminates its discharge(s) and the permittee requests that the permit be canceled. The second situation is when a permit expires without the permittee reapplying for the permit. In both situations, the Bureau will inactivate the permit.
If in the future a discharge is proposed to recommence, an application for a new discharge must be submitted. The discharge can not recommence until the new permit is issued and effective (no appeals pending).
In accordance with Section 122.64 of R61-9, the Bureau of Water may, without the consent of the permittee, either terminate an NPDES permit during its term or deny the reissuance of an NPDES permit in the following situations:
The Bureau of Water must follow the applicable procedures for decision making when terminating a permit for these reasons. This includes public notice, public hearing, if necessary, and giving the permittee the opportunity to appeal the proposed termination decision.