Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 2 - Permit Process › 18 AAC 83.135 - Cause to modify or revoke and reissue permit

Current through May 31, 2024
(a) When the
				department receives any new information, including information received or
				discovered through a facility inspection, a submittal by the permittee required
				by the permit, a request to modify or revoke and reissue a permit, or a file
				review, the department may, in accordance with this section, determine if there
				is cause to modify or revoke and reissue the permit. If the department finds
				cause, the department may modify or revoke and reissue the permit in compliance
				with this section.
(b) Cause to
				modify a permit, but not to revoke and reissue the permit unless the permittee
				requests or agrees, includes the following:
(1) a material and substantial alteration or
				addition to the permitted facility or activity occurred after permit issuance,
				and the alteration or addition justifies the imposition of permit conditions
				different from the existing permit;
(2) the department has received new
				information, other than revised regulations, guidance, or test methods, that
				was not available at the time of permit issuance, and the new information would
				have justified the imposition of different permit conditions at the time of
				issuance; for APDES general permits, cause under this paragraph includes any
				information indicating that cumulative effects on the environment are
				unacceptable; for new source or new discharger APDES permits, cause under this
				paragraph includes any significant information derived from effluent testing
				required under
				18 AAC 83.315(e) (1) or
				18 AAC 83.360(c)
				after issuance of the permit;
(3)
				the standards or regulations on which the permit was based have been changed by
				the adoption of amended standards or regulations after the permit was issued;
				the department will modify a permit under this paragraph only when
(A) the permit condition to be modified was
				based on a promulgated effluent limitation guideline, EPA-approved or
				promulgated water quality standards, or the secondary treatment regulations
				under  40 C.F.R. Part 133, adopted by reference in
				18 AAC 83.010;
(B) the EPA has revised, withdrawn, or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
(C) a permittee requests the
				department to modify the permit condition under
				18 AAC 83.130 within 90 days after
				publication of a
Federal Register
notice of the action on which
				the request is based;
(4) the standards or regulations on which the
				permit was based have been changed by judicial decision after the permit was
				issued; the department will modify a permit under this paragraph only when a
				court of competent jurisdiction has remanded and stayed EPA-promulgated
				regulations or effluent limitations guidelines on which the permit condition
				was based, and a permittee requests the department to modify the permit in
				accordance with
				18 AAC 83.130 within 90 days of
				the judicial remand;
(5) the
				department determines good cause exists to modify a compliance schedule; good
				cause includes an act of God, strike, flood, materials shortage or other event
				over which the permittee has little or no control and for which there is no
				reasonably available remedy; however, in no case may an APDES compliance
				schedule be modified to extend beyond an applicable statutory deadline under
				33 U.S.C.
				1251 -
				1387;
(6) a permittee files a request for a
				variance under 33 U.S.C.
				1311(c), (g), (h), (i), (k),
				or 33 U.S.C.
				1326(a) or based on
				fundamentally different factors within the time specified in
				18 AAC 83.365(b);
(7) the department is required to incorporate
				an applicable toxic effluent standard or prohibition under
				33 U.S.C.
				1317(a) in an existing
				permit;
(8) the reopener conditions
				in a permit require the department to consider a modification;
(9) a permittee requests modification when
				that permittee qualifies for effluent limitations on a net basis or when a
				discharger is no longer eligible for net limitations under
				18 AAC 83.545;
(10) a permit modification is necessary under
				40 C.F.R.
				403.8(e), adopted by
				reference in
				18 AAC 83.010, for development of
				the pretreatment program using compliance schedules;
(11) a state with an EPA approved program has
				failed to notify, as required by
				33 U.S.C.
				1342(b)(3), another state
				whose waters may be affected by a discharge from the approved state;
(12) when the level of discharge of any
				pollutant not limited in the permit exceeds the level that can be achieved by
				the technology-based treatment requirements appropriate to the permittee under
				40 C.F.R.
				125.3(c), adopted by
				reference in
				18 AAC 83.010;
(13) to establish a notification level as
				provided in
				18 AAC 83.445;
(14) 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 that has received a grant under
				33 U.S.C.
				1282(a)(3) for 100 percent
				of the costs to modify or replace facilities constructed with a grant for
				innovative and alternative wastewater technology under
				33 U.S.C.
				1282(a)(2), but in no case
				shall the compliance schedule be modified to extend beyond an applicable
				statutory deadline for compliance under
				33 U.S.C.
				1251 -
				1387;
(15) for a small municipal separate storm
				sewer system, to include an effluent limitation requiring implementation of a
				minimum control measure or measures as specified in
				40 C.F.R.
				122.34(b), adopted by
				reference in
				18 AAC 83.010, when
(A) the permit does not include a minimum
				control measure based upon the determination that another entity was
				responsible for implementation of the requirement; and
(B) the other entity fails to implement
				measures that satisfy the requirement;
(16) to correct technical mistakes, such as
				errors in calculation, or mistaken interpretations of law, made in determining
				permit conditions;
(17) when the
				discharger has installed the treatment technology considered by the permit
				writer in setting effluent limitations imposed under
				33 U.S.C.
				1342(a)(1) and has properly
				operated and maintained the facilities, but has been unable to achieve those
				effluent limitations; in that 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 limitation
				guideline.