West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-09 - Standards For Beneficial Use Of Filtrate from Water Treatment Plants › Section 33-9-9 - Modification, Revocation and Reissuance, Suspension and Revocation

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1 Actions by the
				Secretary.
9.1.a. Permits may be modified,
				revoked and reissued, suspended or revoked either at the request of any
				interested person or upon the Secretary's initiative. Permits may only be
				modified, revoked and reissued, suspended or revoked for the reasons specified
				in this section. All requests for action on a permit shall be in writing
				submitted to the Secretary citing facts or reasons supporting the request. The
				Secretary may require additional information, and in the case of a major
				modification, may require submission of a new application or request. A new
				permit application is required for a permit reissuance under subsection
				9.3.
9.1.b. If the Secretary
				decides the request is not justified, he or she shall send the requestor a
				brief written response giving the reasons for the decision. Denials of the
				requests are not subject to public notice, comment, or hearings.
9.1.c. If the Secretary decides to modify or
				revoke and reissue a permit and the modification is not made under subsection
				9.5, he or she shall prepare a draft permit and follow the public notice
				procedures in section 8. The Secretary may request additional information and,
				in the case of a modified permit, may require the submission of an updated
				permit application. The Secretary shall require the submission of a new
				application if the permit is revoked or reissued.
9.1.d. For a modification of a permit under
				this section, only those conditions to be modified are reopened when a new
				draft is prepared. All other conditions of the existing permit shall remain in
				effect.
9.1.e. 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. During any revocation and
				reissuance proceeding the permittee shall comply with all conditions of the
				existing permit until a new permit is issued.
9.2. Causes for modification or permittee
				requested reissuance.
9.2.a. Modifications.
				The following are causes for modification, and requires the preparation of a
				draft permit and the public notice procedures of section 8. The Secretary may
				determine the following causes may also be reason for a permit reissuance under
				section 9.3.
9.2.a.1. Alterations. Material
				and substantial alterations to the authorized activity which change the content
				of the waste stream from which filtrate is generated.
9.2.a.2. Information. New information becomes
				known and would be cause for different permit conditions.
9.2.a.3. New rules. The standards or rules on
				which the authorization was based have been changed by promulgation of amended
				standards or rules or by judicial decision after the permit was
				issued.
9.2.a.4. For judicial
				decision, when a court of competent jurisdiction has remanded and stayed State
				rules or Federal regulations, if the remand and stay concern that portion of
				the rules or regulations on which the condition was based.
9.2.a.5. When the authorized person begins or
				expects to begin to use or manufacture as an intermediate or final product or
				by-product any toxic pollutant, which was not reported in the application or
				request.
9.2.a.6. A determination
				that the authorized activity endangers human health or the environment, which
				can be reduced to acceptable levels by a permit modification.
9.2.a.7. For permit, any of the reasons cited
				in subsection 9.4.
9.2.a.8. To
				correct technical mistakes, such as errors in calculation, or mistaken
				interpretations of law made in establishing authorized conditions.
9.3. Reissuance. When a
				permit is reissued under this subsection, the entire permit is reopened.
				Reissuance requires a draft permit and the public notice procedures of section
				8. Processing of a reissuance application does not exempt the permittee from
				compliance with any permit term or condition while the application is
				pending.
9.4. Suspension and
				revocation of permits.
9.4.a. The following
				are causes for revocation or suspension of a permit or for denying a permit
				renewal application:
9.4.a.1. Noncompliance by
				the authorized person with any condition of the permit; or
9.4.a.2. The applicant's failure in the
				application or request or during the issuance or determination process to
				disclose fully all relevant facts, or the misrepresentation of any relevant
				facts at any time; or
9.4.a.3. A
				determination that the authorized activity endangers human health or the
				environment which can only be reduced to acceptable levels by modification or
				revocation of the permit; or
9.4.a.4. A change in any condition that
				requires either a temporary or a permanent reduction or elimination of any
				filtrate being beneficially used under this rule.
9.4.b. The Secretary may suspend or revoke a
				permit pursuant to W. Va. Code §
											22-15-15.
9.5. Minor modifications. Upon the
				consent of the authorized person, the Secretary may modify a permit to make
				corrections or allowances for changes in the authorized activity listed in this
				section without following the procedures of section 8. Minor modifications may:
9.5.a. Correct typographical
				errors;
9.5.b. Require more
				frequent monitoring or reporting;
9.5.c. Add acreage to a land application site
				that is already identified in the permit;
9.5.d. Amend the loading rate contained in
				the permit due to a change in nutrient requirements at a land application
				site.