South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.270 - PERMIT REQUIREMENTS › Subpart D - CHANGES TO PERMIT › Section 61-79.270.D.41 - Modification or revocation and reissuance of permits

Current through Register Vol. 48, No. 6, June 28, 2024
When the Department receives any information (for example,
					 inspects the facility, receives information submitted by the permittee as
					 required in the permit (see section270.30), receives a request for modification
					 or revocation and reissuance under R.61-79.124.5 or conducts a review of the
					 permit file), it may determine whether one or more of the causes listed in
					 paragraphs (a) and (b) of this section 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 paragraph (c)
					 of this section, 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 124.5.) If cause
					 does not exist under this section, the Department 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 Department shall approve or
					 deny the request according to the procedures of section270.42. Otherwise, a
					 draft permit must be prepared and other procedures in R.61-79.124 followed.
					 (amended 5/93; 12/93)
(a) 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.
(1) 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.
(2) Information. The Department 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.
(3) 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.
(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.
(5)
				  Notwithstanding any other provision in this section, when a permit for a land
				  disposal facility is reviewed by the Department under section270.50(d)(d), the
				  Department shall modify the permit as necessary to assure that the facility
				  continues to comply with the currently applicable requirements in R.61-79.124,
				  R.61-79.260 through R.61-79.266, and R.61-79.270. (amended 5/93;
				  12/93)