Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION › Part V - Transfer, Modification, Revocation and Reissuance, and Termination of Permits › Section 9VAC25-31-370 - 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 (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) it may determine whether or not 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
				  9VAC25-31-390
				  or
				  9VAC25-31-410.
				  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 Part IV (9VAC25-31-260 et
				  seq.) followed.
B. If the
				  department decides the request is not justified, it 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, it
				  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
				  9VAC25-31-400
				  are not subject to the requirements of this section.