Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 2 - Permit Process › 18 AAC 83.130 - Procedure to modify, revoke and reissue, or terminate permit

Current through May 31, 2024
(a) The
				department may modify, revoke and reissue, or terminate an APDES permit, either
				at the request of an interested person, including the permittee, or on the
				department's own initiative, for any reason specified in
				18 AAC 83.135 and
				18 AAC 83.140. A request to
				modify, revoke and reissue, or terminate an APDES permit must be in writing and
				must contain facts or reasons supporting the request.
(b) If the department tentatively decides to
				modify or revoke and reissue a permit, the department will prepare a draft
				permit incorporating the proposed changes, and may request additional
				information. If the tentative decision is to modify a permit, the department
				may require the permittee to submit an updated application.
(c) If the tentative decision is to revoke
				and reissue a permit, the department will require the permittee to submit a new
				application.
(d) The department
				will follow the procedures in
				18 AAC 83.115 and
				18 AAC 83.120 in preparing a draft
				permit under this section.
(e) A
				permit will not be modified unless the department finds cause to modify under
				18 AAC 83.135(b)
				or cause for a minor modification under
				18 AAC 83.145. A permit will not
				be revoked and reissued unless the department finds cause to revoke and reissue
				a permit under
				18 AAC 83.135(c).
(f) In a permit modification procedure under
				this section and
				18 AAC 83.135(b),
				only those conditions considered for modification may be reopened when a new
				draft permit is prepared. All other provisions of the existing permit shall
				remain in effect for the term of that permit.
(g) In a procedure to revoke and reissue a
				permit under this section, all provisions in the permit are reopened and
				subject to revision and the permit is reissued for a new term. During any
				proceeding to revoke and reissue a permit, the permittee shall comply with all
				conditions of the existing permit until a new final permit is issued.
(h) A minor modification under
				18 AAC 83.145 is not subject to
				the requirements of this section.
(i) If the department tentatively decides to
				terminate a permit and the permittee objects, the department shall issue a
				notice of intent to terminate. A notice of intent to terminate is a type of
				draft permit subject to
				18 AAC 83.115 and
				18 AAC 83.120, as provided in (d)
				of this section. Except as provided in (j) of this section, the department
				shall follow the applicable procedures in
				18 AAC 83.115, and
				18 AAC 83.120, and will not
				terminate any APDES permit unless the department finds cause under
				18 AAC 83.140.
(j) The department may terminate a permit by
				notice to the permittee if the entire discharge is permanently terminated by
				elimination of the flow or by connection to a POTW, but not by land application
				or disposal into a well. Termination by notice is effective 30 days after
				notice is sent, unless the permittee objects within that time. If the permittee
				objects during that period, the department shall proceed as required by (i) of
				this section.
(k) A permittee
				subject to pending state or federal enforcement actions, including citizen
				suits brought under state or federal law, may not proceed under expedited
				termination procedures. A permittee requesting expedited permit termination
				procedures must certify that it is not subject to any pending state or federal
				enforcement actions, including citizen suits brought under state or federal
				law.
Authority:
AS
					 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.050
AS 46.03.100
AS 46.03.110
AS
					 46.03.120