Land Application: Causes for Modification of a Land Application Permit
(Section 505.62 of SC Regulation 61-9)
- When the Department Receives Information or a Request Is Received
- If Cause Exists, the Department May Modify or Revoke and Reissue
- Minor Modifications Without Draft Permit
- Causes for modification
- Causes for modification or revocation and reissuance.
- When the Department receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit (see section 505.41), receives a request for modification or revocation and reissuance under section 124.5, or conducts a review of the permit file), it may determine whether or not one or more of the causes listed in paragraph (d) and (e) of this section for modification or revocation and reissuance or both exist.
- If cause exists, the Department may modify or revoke and reissue the permit accordingly, subject to the limitations of R.61-9.124.5(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 R.61-9.124.5(c)(2).
- If a permit modification satisfies the criteria in section 505.63 for "minor modifications" the permit may be modified without a draft permit or public review. Otherwise, a draft permit must be prepared and other procedures in R.61-9.124 followed.
- Causes for modification. The
following are causes for modification but not revocation and reissuance
of permits except when the permittee requests or agrees.
- Alterations. 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 existing permit.
- Information. The Department has received new information.
- New regulations. 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.
- Compliance schedules. The Department determines good cause exists for modification of a compliance schedule or terms and conditions of a permit, 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. See also section 505.63(c) (minor modifications).
- 307(a) toxics. When required to incorporate an applicable 307(a) of the CWA toxic effluent standard or prohibition (see R.61-9.122(b)(1)).
- Reopener. When required by the "reopener" conditions in a permit, or when established in the permit under R.61-9.403.10(e) (pretreatment program).
- Pretreatment. As necessary under R.61-9.403.8(e) (compliance schedule for development of pretreatment program).
- Non-limited pollutants. When the level of discharge of any pollutant which is not limited in the permit exceeds the level which may cause an adverse impact to surface or ground waters.
- To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in determining permit conditions.
- When the discharger has installed the treatment technology considered by the permit writer when developing effluent limitations and has properly operated and maintained the facilities but nevertheless has been unable to achieve those effluent limitations.
- Land application plans. When required by a permit condition
to incorporate a land application plan for beneficial reuse of sewage sludge,
to revise an existing land application plan, or to add a land application
- Causes for modification or revocation and">Causes for
modification or revocation and reissuance. The following are causes
to modify or, alternatively, revoke and reissue a permit:
- Cause exists for termination under section 505.64, and the Department determines that modification or revocation and reissuance is appropriate.
- The Department has received notification (as required in the permit, see section 505.41(l)(3)) 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 (section 505.61(b)) but will not be revoked and reissued after the effective date of the transfer except upon the request of the new permittee.
- There is a violation of any terms or conditions of the permit, or of a State surface or ground water standard.
- The permittee has obtained a permit by misrepresentation or has failed to disclose all relevant facts to the Department. This includes providing inaccurate or misleading information to the Department on a permit application, or conditions have changed and the permit application does not reflect the actual conditions.
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