Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-8 - PERMIT PROGRAM › Section 335-14-8-.04 - Changes To Permit - Treatment, Storage, And Disposal Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Transfer of permits
. A permit may be transferred by
				the permittee to a new owner or operator only if the permit has been modified
				or revoked and reissued (under
				335-14-8-.04(2)(b)2.,
				or a minor modification made under
				335-14-8-.04(3)(a)1.(vii),
				to identify the new permittee and incorporate such other requirements as may be
				necessary under the AHWMMA.
(2)
Major modification or revocation and reissuance of
				permits
. When the Department receives any information (for
				example, inspects the facility, receives information submitted by the permittee
				as required in the permit (see
				335-14-8-.03(1)),
				receives a request for modification or revocation and reissuance under
				335-14-8-.08(2),
				or conducts a review of the permit file, it may determine whether or not one or
				more of the causes listed in
				335-14-8-.04(2)(a) and
				(b) 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
				335-14-8-.04(2)(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
				335-14-8-.08(3)(c)2.)
				If cause does not exist under
				335-14-8-.04(2)
				or 335-14-8-.04(3),
				the Department shall not modify or revoke and reissue the permit. If a permit
				modification satisfies the criteria in
				335-14-8-.04(3)
				for a minor modification, the permit may be modified without a draft permit or
				public review. Otherwise, a draft permit must be prepared and other procedures
				in 335-14-8 followed.
(a) Causes for
				modification. The following are causes for modification, but not revocation and
				reissuance, of permits; the following may be causes for revocation and
				reissuance, as well as modification, when the permittee requests or agrees:
1. Alterations. There are material and
				substantial alterations or additions to the permitted facility or activity
				which occurred after permit issuance which justify the application of permit
				conditions that are different or absent in the existing permit;
2. Information. The Department has received
				information. Permits may be modified during their terms for this cause only if
				the information was not available at the time of permit issuance (other than
				revised regulations, guidance or test methods) and would have justified the
				application of different permit conditions at the time of issuance;
3. New statutory requirements or rules. The
				standards or rules on which the permit was based have been changed by statute,
				through promulgation of new or amended standards or rules, or by judicial
				decision after the permit was issued. Permits may be modified during their
				terms for this cause as follows:
(i)
				Department may modify the permit when the standards or Rules on which the
				permit was based have been changed by statute or amended standards or
				Rules.
(ii) Permittee may request
				modification when:
(I) The permit condition
				to be modified was based on a promulgated Rule under Chapters 335-14-1 through
				335-14-9; and
(II) The Department
				has revised, withdrawn, or modified that portion of the rule on which the
				permit condition was based; or
(III) A permittee requests modification in
				accordance with
				335-14-8-.08(3)
				within ninety (90) days after action on which the request is based.
(iii) For judicial decisions, a
				court of competent jurisdiction has remanded and stayed Department promulgated
				rules if the remand and stay concern that portion of the rules on which the
				permit condition was based or a request is filed by the permittee in accordance
				with 335-14-8-.08(3)
				within ninety (90) days of judicial remand;
4. The Department determines good cause
				exists for modification of a compliance schedule, 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;
5. The Department may also
				modify a permit:
(i) When modification of a
				closure plan is required under
				335-14-5-.07(3)(c) or
				(9)(d);
(ii) After the Department receives the
				notification of expected closure under
				335-14-5-.07(4),
				when the Department determines that extension of the 90 to 180 day periods
				under 335-14-5-.07(4),
				modification of the 30-year post-closure period under
				335-14-5-.07(8)
				(a), a continuation of security requirements
				under 335-14-5-.07(8)(b),
				or permission to disturb the integrity of the containment system under
				335-14-5-.07(8)(c)
				are unwarranted;
(iii) When the
				permittee has filed a request under
				335-14-5-.08(8)(c)
				for a variance to the level of financial responsibility or when the Department
				demonstrates under
				335-14-5-.08(8)(d)
				that an upward adjustment of the level of financial responsibility is
				required;
(iv) When the corrective
				action program specified in the permit under
				335-14-5-.06(11)
				has not brought the regulated unit into compliance with the groundwater
				protection standard within a reasonable period of time;
(v) To include a detection monitoring program
				meeting the requirements of
				335-14-5-.06(9),
				when the owner or operator has been conducting a compliance monitoring program
				under 335-14-5-.06(10)
				or a corrective action program under
				335-14-5-.06(11)
				and compliance period ends before the end of the postclosure care period for
				the unit;
(vi) When a permit
				requires a compliance monitoring program under
				335-14-5-.06(10),
				but monitoring data collected prior to permit issuance indicate that the
				facility is exceeding the groundwater protection standard;
(vii) To include conditions applicable to
				units at a facility that were not previously included in the facility's permit;
				and
(viii) When a land treatment
				unit is not achieving complete treatment of hazardous constituents under its
				current permit conditions.
6. Notwithstanding any other provision in
				335-14-8-.04(2),
				when a permit for a land disposal facility is reviewed by the Department under
				335-14-8-.05(1)(d),
				the Department shall modify the permit as necessary to assure that the facility
				continues to comply with the currently applicable requirements in Chapters
				335-14-1 through 335-14-8.