Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.30 - WATER QUALITY › Subchapter 17.30.13 - Montana Pollutant Discharge Elimination System (MPDES) Permits › Rule 17.30.1365 - MODIFICATION, REVOCATION AND REISSUANCE, OR TERMINATION OF PERMITS

Current through Register Vol. 13, July 5, 2024
(1) During their term, permits may be
				modified, revoked and reissued, or terminated either at the request of any
				interested person (including the permittee). However, permits may only be
				modified, revoked and reissued, or terminated for the reasons specified in ARM
				17.30.1361 or
				17.30.1363. All requests must be
				in writing and must contain facts or reasons supporting the request.
(2) If the department decides the request is
				not justified, it shall send the requester a brief written response giving a
				reason for the decision. Denials of requests for modification, revocation and
				reissuance, or termination are not subject to public notice, comment, or
				hearings. Denials by the department may be appealed to the board by a petition
				or letter setting forth the relevant facts. The board, after hearing, may
				affirm the department's action or may direct the department to begin
				modification, revocation and reissuance, or termination proceedings under
				(3).
(3) During their term, permits
				may be modified, revoked and reissued, or terminated upon the initiative of the
				department. However, such action may only be taken for one or more of the
				reasons specified in ARM
				17.30.1361 or 17.30.1363. If the
				department modifies, revokes and reissues, or terminates a permit, the
				department shall give written notice of its action to the holder who may file a
				written request within 30 days for a hearing before the board in the manner
				stated in 75-5-611, MCA. Such hearing must
				be held within 30 days after the board receives written request. If the holder
				does not request a hearing, a modification of a permit is effective 30 days
				after receipt of notice by the holder unless the department specifies a later
				date. If the holder does request a board hearing, no order modifying his permit
				may be effective until 20 days after the holder has received notice of the
				board's action. The effective date of a termination or suspension of a permit
				by the department or board must be in accordance with
				75-5-404, MCA.
(4)
(a) If
				the department tentatively decides to modify or revoke and reissue a permit
				under ARM 17.30.1361, it shall prepare a draft permit under ARM
				17.30.1370 incorporating the
				proposed changes. The department may request additional information and, in the
				case of a modified permit, may require the submission of an updated
				application. In the case of revoked and reissued permits, the department shall
				require the submission of a new application.
(b) In a permit modification under this rule,
				only those conditions to be modified may be reopened when a new draft permit is
				prepared. All other aspects of the existing permit remain in effect for the
				duration of the unmodified permit. When a permit is revoked and reissued under
				this rule, the entire permit is reopened just as if the permit had expired and
				was being reissued. During any revocation and reissuance proceeding the
				permittee shall comply with all conditions of the existing permit until a new
				final permit is reissued.
(c) Minor
				modifications as defined in ARM
				17.30.1362 are not subject to the
				requirements of this rule.