North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-12 - Modification or revocation and reissuance of permits

Current through Supplement No. 393, July, 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
				  33.1-24-06-04), receives a
				  request for revocation and reissuance under section
				  33.1-24-07-03 or conducts a
				  review of the permit file), the department may determine whether one or more of
				  the causes listed in subsections 1 and 2 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 3, 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
				  33.1-24-07-03). If cause does
				  not exist under this section, the department may not modify or revoke and
				  reissue the permit, except on request of the permittee. If a permit
				  modification is requested by the permittee, the department shall approve or
				  deny the request according to the procedures of section
				  33.1-24-06-14, or section
				  33.1-24-06-85 and sections
				  33.1-24-07-40 through
				  33.1-24-07-54. Otherwise, a
				  draft permit must be prepared and other procedures in 33.1-24-07
				  followed.
1.
Causes for
				modifications.
The following are causes for modification, but not
				revocation and reissuance of permits. However, the following may be causes for
				revocation and reissuance as well as modification when the permittee requests
				or agrees:
a. 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.
b. Information. The department has received
				information that 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.
c. 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.
d. 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.
e.
				Notwithstanding any other provision in this section, when a permit for a land
				disposal facility is reviewed by the department when it comes up for reissuance
				in accordance with section
				33.1-24-06-06, the department
				shall modify the permit as necessary to assure that the facility continues to
				comply with the currently applicable requirements in 33.1-24-01 through
				33.1-24-07.