Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.24 - Modification, or Revocation and Reissuance of Permits

Current through June 14, 2024
A.
				  When the Department 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) a determination may be made by the
				  Department as to whether cause exists including but not limited to causes as
				  provided under §§
										1.24(B) 
				  and 1.24(C) of
				  this Part, for modification, or revocation and reissuance of the permit. If
				  cause exists, the Department may modify, or revoke and reissue the permit
				  accordingly, subject to the limitations of §
										1.23(C) of
				  this Part, 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. The permit may be reissued for a new term. If a permit modification
				  satisfies the criteria in §
										1.26 of this Part for
				  "minor modifications" the permit may be modified without a draft permit or
				  public review. Otherwise, a draft permit must be prepared and other procedural
				  steps followed.
B. The following
				  are causes for modification, but not revocation and reissuance of permits
				  except when the permittee requests or agrees:
1. Alterations. There are material and
				  substantial alterations or additions to the permitted facility, activity, or
				  discharge which occurred after a permit issuance which justify the application
				  of permit conditions that are different or absent in the existing
				  permit.
2. Information. The
				  Department has received new information. Permits may be modified, or revoked
				  and reissued during their terms for this cause only if the information (other
				  than revised regulations, guidance, or test methods) was not available at the
				  time of permit issuance and would have justified the application of different
				  permit conditions at the time of issuance. For general permits, this cause
				  shall include any information indicating that the cumulative effects on the
				  environment are unacceptable.
3.
				  New regulations or judicial decision. A permit or any condition thereof may be
				  modified, or revoked and reissued after promulgation of new or amended water
				  quality standards, effluent limitation guidelines by EPA, or by judicial
				  decision, as follows:
a. If the permit or
				  permit condition in question was based on a prior water quality standard or
				  effluent limitations guidelines which has been altered or revoked; or
b. If a court of competent jurisdiction has
				  remanded and stayed the new standards or regulations.
c. The procedures provided by §
												1.37 of this Part for
				  modification, or revocation and reissuance may be initiated by the Department
				  or by any interested person (including the permittee) within 90 days of the new
				  guideline or judicial remand. If such modification or revocation and reissuance
				  is ordered, the Department may provide for a schedule of compliance in
				  accordance with §
												1.21 of this Part in order
				  for the permittee to attain the new standards. If conditions of the permit are
				  not contested, they shall go into effect notwithstanding the contesting of
				  other conditions.
4.
				  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. However, in no
				  case shall a RIPDES compliance schedule be modified to extend beyond an
				  applicable statutory deadline. This does not preclude the Department from the
				  revocation and reissuance of a compliance schedule for cause.
5. The Department may also modify a permit:
a. When the permittee has filed a timely
				  request for a variance, or for "fundamentally different factors" under the
				  Clean Water Act and the Department processes the request under the applicable
				  provision of §
												1.58 of this
				  Part.
b. When required to
				  incorporate an applicable toxic effluent standard or prohibition under
				  33 U.S.C. §
													1317(a) (Section 307(a) of
				  the Clean Water Act).
c. When
				  required by the "reopener" conditions in a permit, which are established in the
				  permit under §
												1.16(A) of
				  this Part (for toxic effluent limitations) or Rhode Island Pretreatment
				  Regulations, Part 2 of this Subchapter.
d. Upon request of a permittee who qualifies
				  for effluent limitations on a net basis.
e. When a discharger is no longer eligible
				  for net limitations.
f. As
				  necessary under 40 C.F.R.
				  §
													403.8(e),
				  incorporated above at §
												1.3(B) of
				  this Part, or the Rhode Island Pretreatment Regulations Part 2 of this
				  Subchapter (compliance schedule for development of pretreatment
				  program).
g. Upon failure of the
				  State to notify, as required by
				  33 U.S.C. §
													1342(b)(3) (Section
				  402(b)(3) of the Clean Water Act), another state whose waters may be affected
				  by a discharge from the State.
h.
				  When the level of discharge of any pollutant which is not limited in the permit
				  exceeds the level which can be achieved by the technology-based treatment
				  requirements appropriate to the permittee under
				  40 C.F.R. §
													125.3(c), incorporated above
				  at §
												1.3(B) of
				  this Part.
i. When the permittee
				  begins or expects to begin to use or manufacture as an intermediate or final
				  product or byproduct any toxic pollutant which was not reported in the permit
				  application.
j. To establish a
				  "notification level" as provided in §§
												1.16(A) 
				  and 1.17(A) of
				  this Part.
k. To modify a schedule
				  of compliance to reflect the time lost during construction of an innovative or
				  alternative facility, in the case of a POTW which has received a grant under
				  33 U.S.C. §
													1282(a)(3) (Section
				  202(a)(3) of the Clean Water Act) for 100% of the costs to modify or replace
				  facilities constructed with a grant for innovative and alternative wastewater
				  technology under 33 U.S.C.
				  §
													1282(a)(2) (Section
				  202(a)(2) of the Clean Water Act). In no case shall the compliance schedule be
				  modified to extend beyond an applicable Clean Water Act statutory deadline for
				  compliance.
l. To include a plan or
				  compliance schedule for the disposal of septage or sludge in accordance with
				  Rhode Island Rules and Regulations for Sewage Sludge Management, Part 3 of this
				  Subchapter.
m. For a small MS4, to
				  include an effluent limitation requiring implementation of a minimum control
				  measure or measures as specified in §
												1.32(E)(1)(b)
				  of this Part when:
(1) The permit does not
				  include such measure(s) based upon the determination that another entity was
				  responsible for implementation of the requirement(s); and
(2) The other entity fails to implement the
				  measure(s) that satisfy the requirement(s).
6. When the discharger has installed the
				  treatment technology considered by the permit writer in setting effluent
				  limitations imposed under 33
				  U.S.C. §
												1342(a)(1)
				  (Section 402(a)(1) of the Clean Water Act) and has properly operated and
				  maintained the facilities but nevertheless has been unable to achieve those
				  effluent limitations. In this case, the limitations in the modified permit may
				  reflect the level of pollutant control actually achieved (but shall not be less
				  stringent than required by a subsequently promulgated effluent limitations
				  guideline).
7. Nutrient Management
				  Plans. The incorporation of the terms of a CAFO's nutrient management plan into
				  the terms and conditions of a general permit when a CAFO obtains coverage under
				  a general permit is not a cause for modification pursuant to the requirements
				  of this section.
8. Land
				  application plans. When required by a permit condition to incorporate a land
				  application plan for beneficial reuse of sewage sludge, to revise an existing
				  land application plan, or to add a land application plan.