South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:04 - Transfer, modification, revocation and reissuance, and termination of permits › Section 74:52:04:04 - Causes for modification

Current through Register Vol. 51, page 10, July 15, 2024
The following are causes for modification of permits:
(1) Material and substantial alterations or
  additions to the permitted facility or activity which occurred after permit
  issuance justify the application of permit conditions that are different or
  absent in the existing permit;
(2)
  The secretary has received new information on existing and new sources and new
  dischargers as required by §
									74:52:02:09. 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. For general permits, this
  cause includes any information indicating that cumulative effects on the
  environment are unacceptable;
(3)
  The secretary determines that good cause exists for modification of a
  compliance schedule due to events over which the permittee has little or no
  control and for which there is no reasonably available remedy. A compliance
  schedule may not be modified to extend beyond an applicable CWA statutory
  deadline;
(4) The permittee has
  filed a request for a variance under §§ 301(c), 301(g), 301(h),
  301(i), 301(k), or 316(a) of the CWA or for fundamentally different
  factors;
(5) If required to
  incorporate an applicable toxic effluent standard or prohibition as required by
  § 307(a) of the CWA;
(6) If
  required by the reopener conditions in a permit, which are established in the
  permit under §
									74:52:03:13 or
  40 C.F.R. §
										403.10(d) (pretreatment
  program) (February 13, 1992). However, a modification clause approved under
  40 C.F.R. §
										403.8(e) (July 1, 1991)
  relating to the incorporation is considered a minor modification subject to the
  procedures in §
									74:52:04:06;
(7) Upon request of a permittee who qualifies
  for effluent limits on a net basis under §
									74:52:03:27;
(8) As necessary under
  40 C.F.R. §
										403.8(e) (compliance
  schedule for development of pretreatment program) (July 1, 1991);
(9) If 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 applicable to the
  permittee;
(10) To establish a
  notification level as provided in §
									74:52:03:11;
(11) To modify a schedule of compliance to
  reflect the time lost during modification or replacement of an innovative or
  alternative facility. This subdivision applies to POTWs which have received a
  grant under § 202(a)(3) of the CWA for 100 percent of the costs to modify
  or replace facilities constructed with a grant for innovative and alternative
  wastewater technology under § 202(a)(2) of the CWA. The compliance
  schedule may not be modified to extend beyond an applicable CWA statutory
  deadline for compliance;
(12) If
  the permittee's technology-based effluent limits are more stringent than the
  subsequently promulgated effluent guidelines. The permittee must demonstrate
  operation and maintenance costs that are totally disproportionate from the
  operation and maintenance costs considered in the development of a subsequently
  promulgated effluent limitations guidelines. The permit limitations may not be
  made less stringent than the subsequent guidelines. The permittee must make
  this request within 90 days of promulgation after the effluent
  guidelines;
(13) To correct
  technical mistakes, such as errors in calculations, or mistaken interpretations
  of law made in determining permit conditions;
(14) If the discharger has installed the
  treatment technology considered by the permit writer in setting effluent limits
  which are more stringent than subsequently promulgated effluent guidelines and
  has properly operated and maintained the facilities but nevertheless has been
  unable to achieve those effluent limits. In this case, the limits in the
  modified permit may reflect the level of pollutant control actually achieved
  but may not be less stringent than required by a subsequently promulgated
  effluent limit;
(15) If 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; or
(16) The
  incorporation of the terms of a concentrated animal feeding operation's
  nutrient management plan into the terms and conditions of a general permit when
  a concentrated animal feeding operation obtains coverage under a general permit
  in accordance with §
									74:52:02:22 is not a cause for
  modification pursuant to the requirements of this section.
General Authority:
SDCL
		34A-2-30.
Law Implemented:
SDCL
		34A-2-31.