Land Application: Cancellations and Terminations of Land Application Permits
Cancellations
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 ND permit in two situations. The first cancellation situation is when a facility closes and/or eliminates its land application site(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).
Terminations and Denial of Reissuances
In accordance with Section 505.64 of R.61-9, the Bureau of Water may, without the consent of the permittee, either terminate an ND permit during its term or deny the reissuance of an ND permit in the following situations:
- noncompliance by the permittee with any condition of the permit or of a State surface or ground water standard;
- the permittee's failure in the application or during the permit reissuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time;
- a determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination; or
- a change in any condition that requires either a temporary or permanent reduction or elimination of any discharge or sludge use or disposal practice controlled by the permit (for example, plant closure or termination of discharge by connection to a POTW).
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.
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