Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - PERMIT ISSUANCE; CHANGES; RENEWAL; TERMINATION; CLOSURES; DURATION › Section 128-15-012 - Modification, revocation and reissuance, or termination of permits

Current through June 17, 2024
Modification, revocation and reissuance, or termination of
	 permits.
012.01 A permit may be
  modified or revoked and reissued, or terminated under Section
015
of this chapter, either at the request of any
  interested person (including the permittee) or upon the Director's initiative.
  However, permits may only be modified, revoked and reissued, or terminated for
  the reasons specified in Sections
012.01
and
015
of this chapter. All requests shall be in writing
  and shall contain facts or reasons supporting the request. If the Director
  decides the request is not justified, he or she 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. Class 1 and Class 2 modifications as
  defined in Section
012.02
of this chapter are not
  subject to the requirements of Section
012.01
.
012.01A When the Director receives any
  information (for example, inspects the facility, receives information submitted
  by the permittee as required in the permit, receives a request for revocation
  and reissuance from any interested person or the permittee or conducts a review
  of the permit file), he or she may determine whether one or more of the causes
  listed in
012.01B
and
012.01C
of this section for modification, or revocation and reissuance or both exist.
  If cause exists, the Director may modify or revoke and reissue the permit
  accordingly, subject to the limitations of
012.01D
of
  this section, and may request an updated application if necessary. When a
  permit is modified, only the conditions subject to modification are reopened.
  All other aspects of the existing permit shall remain in effect for the
  duration of the unmodified permit. 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. During any revocation and reissuance proceeding, the permittee
  shall comply with all conditions of the existing permit until a new final
  permit is reissued. If cause does not exist under this section, the Director
  shall not modify or revoke and reissue the permit, except on request of the
  permittee. If a permit modification is requested by the permittee, the Director
  shall approve or deny the request according to the procedures of
012.02
.
012.01B 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.
012.01B1 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.
012.01B2 Information. The Director 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.
012.01B3 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.
012.01B4 Compliance
  schedules. The Director 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.
012.01B5 Notwithstanding any other provision
  in this section, when a permit for a land disposal facility is reviewed by the
  Director under Section
014.03
, the Director shall
  modify the permit as necessary to assure that the facility continues to comply
  with the currently applicable requirements in Chapters 1 through 19 and 21
  through 26.
012.01C
  Causes for modification or revocation and reissuance. The following are causes
  to modify or, alternatively, revoke and reissue a permit:
012.01C1 Cause exists for termination under
  Chapter 15,
015
, and the Director determines that
  modification or revocation and reissuance is appropriate.
012.01C2 The Director has received
  notification of a proposed transfer of the permit.
012.01D Facility siting. Suitability of the
  facility location will not be considered at the time of permit modification or
  revocation and reissuance unless new information or standards indicate that a
  threat to human health or the environment exists which was unknown at the time
  of permit issuance.