Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 203 - Wisconsin Pollutant Discharge Elimination System Public Participation Procedures › Subchapter III - Permit Actions › Section NR 203.136 - Causes for a modification, revocation and reissuance, or termination

Current through June 24, 2024
(1)
				  MODIFICATION. The department may modify a permit for any of the following
				  causes:
(a)
Changes to facility or
				  discharge.
There are material and substantial alterations or additions
				  to the permitted facility or activity, including changes in sludge use or
				  disposal which occurred after permit reissuance which would justify the
				  application of different permit conditions or the addition of permit
				  conditions.
(b)
New
				  information.
The department has received new information, other than
				  revised regulations, guidance or test methods, that was not available at the
				  time of permit issuance or reissuance and that would have justified different
				  permit terms or conditions.
(c)
New regulations or standards.
After permit issuance or
				  reissuance, the standards or regulations have changed and a permittee has
				  requested a change in a timely manner, or a judicial decision stays or remands
				  an applicable standard or regulation that requires a change to the permit. For
				  purposes of this paragraph, a changed standard or regulation means a change in
				  an effluent limitation guideline, a change in secondary treatment regulations,
				  or a change in a water quality standard that has been approved by
				  EPA.
(d)
Judicial
				  decision.
A decision from an administrative law judge or judicial
				  court, or a signed stipulation to resolve as.
				  283.63,
				  Stats., contested case hearing, specifies a change to a permit term or
				  condition that was the subject of the contested case hearing or judicial
				  proceeding.
(e)
Compliance
				  schedules.
The department determines good cause exists for
				  modification of the compliance schedule such as events over which the permittee
				  has little or no control and for which there is no reasonably available remedy.
				  The department may also modify a compliance schedule to reflect time lost
				  during construction of an innovative or alternative facility. The compliance
				  schedule may not be modified to extend beyond the deadlines established under
				  state and federal law.
(f)
Variances.
If a permittee has filed a variance request to an
				  effluent limitation or thermal discharge, or a variance from a technology based
				  effluent limit based on the presence of fundamentally different factors from
				  those on which the effluent limitations guideline was based.
(g)
Toxics.
When required to
				  incorporate an applicable toxic effluent standard or prohibition.
(h)
Reopener.
When required
				  by a provision in the permit that requires a modification or reopening of the
				  permit.
(i)
Net
				  limits.
Upon the request of a permittee for an adjustment to a
				  technology based limitation based on pollutants in the intake water, provided
				  the permittee qualifies for the limit adjustment, or the department may modify
				  a technology based limitation based on an intake credit if the permittee no
				  longer qualifies for the adjustment.
(j)
Pretreatment.
When
				  necessary to establish a compliance schedule for development of a pretreatment
				  program.
(k)
Failure to
				  notify.
Upon failure of the department to notify another state whose
				  waters may be affected by the discharge.
(L)
Non-limited pollutants.
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 applicable to the permittee.
(m)
Errors.
To correct
				  technical mistakes such as errors in calculations or mistakes in applying
				  pertinent regulations to permit terms and conditions.
(n)
Unable to achieve effluent
				  limitation.
Where the permittee has installed a treatment technology
				  considered by the permit writer in setting effluent limitations, and where the
				  permittee has properly operated and maintained its treatment facilities, but
				  nevertheless has been unable to achieve compliance with those effluent
				  limitations, the department may modify the limitations to reflect the level of
				  pollutant control actually achieved, but in no case be less stringent than a
				  subsequently promulgated effluent limitations guideline.
(o)
Land application plans.
When required by a permit condition to incorporate a land application plan for
				  beneficial reuse for sewage sludge or other biosolids, to revise an existing
				  land application plan or to add a land application.
(p)
Transfer of permit.
To
				  reflect a change in ownership or operator of a permitted facility. A transfer
				  of a permit to a new owner or operator is subject to all of the following
				  procedures:
1. A permit may only be
				  transferred after notification of the department of the proposed new permittee.
				  The modification request shall include the "Facility Information" section of
				  the permit application or equivalent.
2. The current permittee and proposed new
				  permittee shall submit to the department a written agreement that specifies the
				  date of transfer and acceptance of responsibility for compliance with the
				  permit and liability for any violations.
3. The modification is exempt from public
				  notice procedures under s.
				  NR
				  203.015, if the department determines no other change
				  to the permit is necessary.
(q)
Other.
One of the causes
				  for termination in sub. (3) exists and the department determines that a
				  modification is more appropriate than termination.