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 9VAC25-31-390 - 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 (including a
				  change or changes in the permittee's sludge use or disposal practice) which
				  occurred after permit issuance which 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 VPDES
				  general permits this cause includes any information indicating that cumulative
				  effects on the environment are unacceptable. For new source or new discharger
				  VPDES 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, or
				  the Secondary Treatment Regulations incorporated by reference in
				  9VAC25-31-30;
				  and
(2) EPA has revised, withdrawn,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 VPDES 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 VPDES 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
				  9VAC25-31-100
				  L or M within the time specified in this chapter.
6. When required to incorporate an applicable
				  CWA § 307(a) toxic effluent standard or prohibition.
7. When required by the reopener conditions
				  in a permit which are established under
				  9VAC25-31-220
				  B or C or
				  9VAC25-31-800
				  E.
8.
a. Upon request of a permittee who qualifies
				  for effluent limitations on a net basis under
				  9VAC25-31-230
				  G.
b. When a discharger is no
				  longer eligible for net limitations as provided in
				  9VAC25-31-230
				  G 1 b.
9. As necessary
				  under
				  9VAC25-31-800
				  E for a pretreatment program.
10.
				  Upon failure to notify another state whose waters may be affected by a
				  discharge.
11. When 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
				  appropriate to the permittee.
12.
				  To establish a notification level as provided in
				  9VAC25-31-220
				  F.
13. To modify a schedule of
				  compliance to reflect the time lost during construction of an innovative or
				  alternative facility, in the case of a POTW which has received a grant under
				  § 202(a)(3) of the CWA for 100% 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. In no case shall the compliance
				  schedule be modified to extend beyond an applicable CWA statutory deadline for
				  compliance.
14. To correct
				  technical mistakes, such as errors in calculation, or mistaken interpretations
				  of law made in determining permit conditions.
15. When the discharger has installed the
				  treatment technology considered by the permit writer in setting effluent
				  limitations imposed under the 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).