North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-12 - 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
				  33-24-06-04), receives a request
				  for revocation and reissuance under section
				  33-24-07-03 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
				  33-24-07-03). 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
				  33-24-06-14, or section
				  33-24-06-85 and sections 33-24-07-40 through 33-24-07-54. Otherwise, a draft
				  permit must be prepared and other procedures in 33-24-07 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
				33-24-06-06, the department shall
				modify the permit as necessary to assure that the facility continues to comply
				with the currently applicable requirements in 33-24-01 through
				33-24-07.