California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 20 - The Hazardous Waste Permit Program › Article 4 - Permit Changes and Denials › Section 66270.41 - Modification or Revocation and Reissuance of Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the Department receives any information (for example,
					 inspects the facility, receives information submitted by the permittee as
					 required in the permit (see section
					 66270.30), receives a request for
					 revocation and reissuance under section
					 66271.4, or conducts a review of
					 the permit file) the Department may determine whether or not one or more of the
					 causes listed in subsections (a) and (b) 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 subsection (c) of this section, 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 section
					 66271.4(c)(2).)
					 If cause does not exist under this section, the Department shall not modify or
					 revoke and reissue the permit, except on request of the permittee or as
					 provided in subsection (a)(5) of this section. If a permit modification is
					 requested by the permittee, the Department shall approve or deny the request
					 according to the procedures of section
					 66270.42. Otherwise, a draft
					 permit shall be prepared and other procedures in chapter 21 shall be
					 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
				  regulations. The standards or regulations on which the permit was based have
				  been changed by statute, through promulgation of new or amended standards or
				  regulations, or by judicial decision after the permit was issued.
(4) Compliance schedules. 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)
				  Notwithstanding any other provision in this section, when a permit is reviewed
				  by the Department, the Department shall modify the permit as necessary to
				  assure that the facility is in compliance with the currently applicable
				  requirements in chapters 10 through 16, 20 and 21 of this division and as
				  necessary to protect human health and the environment.