Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 13 - DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES › Chapter 26.13.07 - Permits for CHS Facilities › Section 26.13.07.11 - Modification, Withdrawal, or Revocation and Reissuance of Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. When the
				  Secretary receives any information (for example, inspects the facility,
				  receives information submitted by the permittee as required in the permit,
				  receives a request for modification or revocation and reissuance, or conducts a
				  review of the permit file) he or she may determine whether or not one or more
				  of the clauses listed in §§A and B of this regulation, for modification or
				  revocation and reissuance, or both, exist. If cause exists, the Secretary may
				  modify or revoke and reissue the permit accordingly, subject to the limitations
				  of §B, of this regulation, 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. If cause
				  does not exist under this regulation or Regulation .13, of this chapter, the
				  Secretary may not modify or revoke and reissue the permit. If a permit
				  modification satisfies the criteria in Regulation .13 of this chapter, for
				  "minor modifications" the permit may be modified without a draft permit or
				  public review. Otherwise, a draft permit shall be prepared and other procedures
				  of this chapter followed.
B. Causes
				  of Modification. The following are causes for modification but not revocation
				  and reissuance of permits:
(1) Alterations.
				  There are material and substantial alterations or additions to the permitted
				  facility or activity which occur after permit issuance which justify the
				  application of permit conditions that are different or absent in the existing
				  permit.
(2) Information. The
				  Secretary 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 revised regulations, guidance, or test methods) and would have
				  justified the application of different permit conditions at the time of
				  issuance.
(3) New Regulations. The
				  standards or regulations on which the permit was based have been changed by
				  statute, through promulgation of amended standards or regulations or by
				  judicial decision after the permit was issued.
(4) Modification. The Secretary may modify a
				  permit:
(a) When modification of a closure
				  plan is required by COMAR
				  26.13.05.07 s C(3) or
				  H(4);
(b) After the Secretary
				  receives the notification of expected closure under COMAR
				  26.13.05.07 s D when the Secretary
				  determines that extension of the 90 or 180 day periods under COMAR
				  26.13.05.07 s D, modification of
				  the 30-year post-closure period under COMAR
				  26.13.05.07 s G(2), continuation
				  of security requirements under COMAR
				  26.13.05.07 s G(3), or permission
				  to disturb the integrity of the containment system under COMAR
				  26.13.05.07 s G(4) are
				  unwarranted;
(c) When the permittee
				  has filed a request under 40
				  CFR §
													264.147(c) for a
				  variance to the level of financial responsibility or when the Secretary
				  demonstrates under 40 CFR §
													264.147(d) that an upward
				  adjustment of the level of financial responsibility is required;
(d) When the corrective action program
				  specified in the permit under COMAR
				  26.13.05.06 s -6 has not brought
				  the regulated unit into compliance with the ground water protection standard
				  within a reasonable period of time;
(e) To include a detection monitoring program
				  meeting the requirements of COMAR
				  26.13.05.06 s -4, when the owner
				  or operator has been conducting a compliance action program under COMAR
				  26.13.05.06 s -6 and the
				  compliance period ends before the end of the post-closure care period for the
				  unit;
(f) When a permit requires a
				  compliance monitoring program under COMAR
				  26.13.05.06 s -5, but monitoring
				  data collected before permit issuance indicate that the facility is exceeding
				  the ground water protection standard;
(g) To include conditions applicable to units
				  at a facility that were not previously included in the facility's
				  permit;
(h) When a land treatment
				  unit is not achieving complete treatment of hazardous constituents under its
				  current permit conditions.
(5) Compliance Schedules. The Secretary
				  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.