Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 3.00 - Surface Water Discharge Permit Program › Section 3.13 - Modification, Suspension, Revocation and Renewal of Permits

Current through Register 1525, July 5, 2024
(1) As provided in M.G.L. c. 21, §
			 43(10), the Department may propose and determine to modify, suspend or revoke
			 any outstanding permit, in whole or in part, for cause including, but not
			 limited to, violation of any permit term, obtaining a permit by
			 misrepresentation or failure to disclose fully all relevant facts or any change
			 in or discovery of conditions that calls for reduction or discontinuance of the
			 authorized discharge or activity. The Department may also modify a permit at
			 the request of the permittee upon a showing, satisfactory to the Department,
			 that the requested modification is appropriate in view of circumstances for
			 which the permittee is not at fault. The Department's authority to require any
			 person covered under a general permit to obtain an individual permit or to be
			 covered under an alternative general permit is set forth in
			 314 CMR
			 3.06(5).
(2) The modification, suspension, revocation
			 or renewal of a permit shall be processed in accordance with the provisions of
			 314 CMR
			 2.11. In processing a permit renewal, the
			 Department may revise or withdraw a draft permit renewal, either on its own or
			 in response to comments by EPA, the permittee or the public, prior to the
			 effective date of the permit renewal as determined in accordance with
			 314
			 CMR 2.08. In a case where the Department
			 withdraws a draft permit renewal, the existing permit will remain in effect in
			 accordance with
			 314 CMR
			 3.09(1).
(3)
Minor Modifications of
			 Permits
. Upon the consent of the permittee, the Department may
			 modify a permit to make the corrections or allowances for changes in the
			 permitted activity listed in 314 CMR 3.13(3), without following the procedures
			 of
			 314 CMR
			 2.00. Any permit modification not processed as a minor
			 modification under 314 CMR 3.13 must be made for cause and in accordance with
			 the draft permit and public notice requirements of
			 314 CMR
			 2.00. Minor modifications may only:
(a) Correct typographical errors;
(b) Require more frequent monitoring or
			 reporting by the permittee;
(c)
			 Change an interim compliance date in a schedule of compliance, provided the new
			 date is not more than 120 days after the date specified in the existing permit
			 and does not interfere with attainment of the final compliance date
			 requirement;
(d) Allow for a change
			 in ownership or operational control of a facility where the Department
			 determines that no other change in the permit is necessary, provided that a
			 written agreement containing a specific date for transfer of permit
			 responsibility, coverage, and liability between the current and new permittee
			 has been submitted to the Department; or
(e) Delete a point source out fall when the
			 discharge from that out fall is terminated and does not result is discharge of
			 pollutants from other out falls except in accordance with permit
			 limits.