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 9VAC25-875-1210 - Modification, revocation and reissuance, or termination of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Permits
					 may be modified, revoked and reissued, or terminated either at the request of
					 any interested person (including the permittee) or upon the department's
					 initiative. When the department receives any information (e.g., 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) it may determine whether one or more of
					 the causes listed in this section for modification or revocation and
					 reissuance, or both exist. However, permits may only be modified, revoked and
					 reissued, or terminated for the reasons specified in
					 9VAC25-875-1230 or
					 9VAC25-875-1250. All requests shall
					 be in writing and shall contain facts or reasons supporting the request. If
					 cause does not exist under these sections, the department shall not modify,
					 revoke and reissue, or terminate the permit. If a permit modification satisfies
					 the criteria for minor modifications, the permit may be modified without a
					 draft permit or public review. Otherwise, a draft permit must be prepared and
					 other procedures in Article 5 (9VAC25-875-1070 et
					 seq.) of this part followed.
B. If
					 the department decides the request is not justified, the department shall send
					 the requester a brief written response giving a reason for the decision.
					 Denials of requests for modification, revocation and reissuance, or termination
					 are not subject to public notice, comment, or public hearings.
C.
1. If
					 the department tentatively decides to modify or revoke and reissue a permit,
					 the department shall prepare a draft permit incorporating the proposed changes.
					 The department may request additional information and, in the case of a
					 modified permit, may require the submission of an updated application. In the
					 case of revoked and reissued permits, the department shall require the
					 submission of a new application.
2.
					 In a permit modification under this section, only those conditions to be
					 modified shall be reopened when a new draft permit is prepared. All other
					 aspects of the existing permit shall remain in effect for the duration of the
					 unmodified permit. When a permit is revoked and reissued under this section,
					 the entire permit is reopened just as if the permit had expired and was being
					 reissued and the permit is reissued for a new term. During any revocation and
					 reissuance proceeding the permittee shall comply with all conditions of the
					 existing permit until a new final permit is reissued.
3. Minor modifications as defined in
					 9VAC25-875-1240 are not subject to
					 the requirements of this section.