Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION › Part VII - Virginia Pollutant Discharge Elimination System (VPDES) Permits › Article 6 - Transfer, Modification, Revocation and Reissuance, and Termination of Permits › Section 9VAC25-875-1230 - Modification or revocation and reissuance of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Causes
					 for modification. The following are causes for modification but not revocation
					 and reissuance of permits except when the permittee requests or agrees.
1. There are material and substantial
					 alterations or additions to the permitted facility or activity that occurred
					 after permit issuance that justify the application of permit conditions that
					 are different or absent in the existing permit.
2. The department has received new
					 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. For general
					 permits this cause includes any information indicating that cumulative effects
					 on the environment are unacceptable. For new source or new discharger permits
					 this cause shall include any significant information derived from effluent
					 testing required on the permit application after issuance of the
					 permit.
3. The standards or
					 regulations on which the permit was based have been changed by promulgation of
					 amended standards or regulations or by judicial decision after the permit was
					 issued. Permits may be modified during their terms for this cause only as
					 follows:
a. For promulgation of amended
					 standards or regulations, when:
(1) The permit
					 condition requested to be modified was based on a promulgated effluent
					 limitation guideline, EPA approved, or promulgated water quality
					 standards;
(2) EPA has revised,
					 withdrawn, or modified that portion of the regulation or effluent limitation
					 guideline on which the permit condition was based or has approved a state
					 action with regard to a water quality standard on which the permit condition
					 was based; and
(3) A permittee
					 requests modification in accordance with this chapter within 90 days after
					 Federal Register notice of the action on which the request is based;
b. For judicial decisions, a court
					 of competent jurisdiction has remanded and stayed EPA promulgated regulations
					 or effluent limitation guidelines, if the remand and stay concern that portion
					 of the regulations or guidelines on which the permit condition was based and a
					 request is filed by the permittee in accordance with this chapter within 90
					 days of judicial remand; or
c. For
					 changes based upon modified state certifications of permits.
4. 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 may a compliance schedule be modified to extend beyond an
					 applicable CWA statutory deadline.
5. When the permittee has filed a request for
					 a variance pursuant to
					 9VAC25-875-920 G within the time
					 specified in this chapter.
6. When
					 required to incorporate an applicable § 307(a) of the CWA toxic effluent
					 standard or prohibition.
7. When
					 required by the reopener conditions in a permit that are established under
					 9VAC25-875-1030 B.
8. Upon failure to notify another state whose
					 waters may be affected by a discharge.
9. When the level of discharge of any
					 pollutant that is not limited in the permit exceeds the level that can be
					 achieved by the technology-based treatment requirements appropriate to the
					 permittee.
10. To establish a
					 notification level as provided in
					 9VAC25-875-1030 E.
11. To correct technical mistakes, such as
					 errors in calculation, or mistaken interpretations of law made in determining
					 permit conditions.
12. When the
					 discharger has installed the treatment technology considered by the permit
					 writer in setting effluent limitations imposed under the State Water Control
					 Law and § 402(a)(1) of the CWA 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.
13. For a small MS4, to
					 include an effluent limitation requiring implementation of a minimum control
					 measure or measures as specified in
					 9VAC25-875-970 D 2 when:
a. The permit does not include such measures
					 based upon the determination that another entity was responsible for
					 implementation of the requirements; and
b. The other entity fails to implement
					 measures that satisfy the requirements.