Section R18-9-B906. Modification, Revocation and Reissuance, and Termination of Individual Permits

A.      Permit modification, revocation and reissuance.

1.        The Director may modify, or revoke and reissue an indi- vidual permit for any of the following reasons:

a.         The Director receives a written request from an interested person;

b.        The Director receives information, such as when inspecting a facility;

c.         The Director receives a written request to modify, or revoke and reissue a permit from a permittee as required in the individual permit; or

d.        After review of a permit file, the Director deter- mines one or more of the causes listed under 40 CFR 122.62(a) or (b) exists.

i.         If the Director decides a written request is not justified under 40 CFR 122.62 or subsection (B), the Director shall send the requester a brief written response giving a reason for the deci- sion.

ii.        The denial of a request for modification, or revocation and reissuance is not subject to pub- lic notice, comment, or hearing under R18-9- A907 and R18-9-A908(A) and (B).

2.        If the Director tentatively decides to modify, or revoke and reissue an individual permit, the Director shall pre- pare a draft permit incorporating the proposed changes. The Director may request additional information and, in the case of a modified permit, may require the submission of an updated application.

a.         Modified individual permit. The Director shall reopen only the modified conditions when preparing a new draft permit and process the modifications.

b.        Revoked and reissued individual permit.

i.         The permittee shall submit a new application.

ii.        The Director shall reopen the entire permit just as if the permit had expired and was being reis- sued.

3.        During any modification, or revocation and reissuance proceeding, the permittee shall comply with all condi- tions of the existing permit until a new final permit is issued.

B.       Minor modifications.

1.        Upon consent of the permittee, the Director may make any of the following modifications to an individual per- mit:

a.         Correct typographical errors;

b.        Update a permit condition that changed as a result of updating an Arizona water quality standard;

c.         Require more frequent monitoring or reporting by the permittee;

d.        Change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing per-

mit and does not interfere with attainment of the final compliance date requirement;

e.         Allow for a change in ownership or operational con- trol of a facility, if no other change in the permit is necessary, provided that a written agreement con- taining a specific date for transfer of permit respon- sibility, coverage, and liability between the current and new permittees has been submitted to the Direc- tor;

f.         Change the construction schedule for a new source discharger. The change shall not affect a discharger’s obligation to have all pollution control equipment installed and in operation before the discharge;

g Delete a point source outfall if the discharge from that outfall is terminated and does not result in a dis- charge of pollutants from other outfalls except under permit limits;

h.        Incorporate conditions of a POTW pretreatment pro- gram approved under 40 CFR 403.11 and 40 CFR 403.18, which is incorporated by reference in R18- 9-A905(A)(7)(b) as enforceable conditions of the permit, and

i.         Annex an area by a municipality.

2.        Any modification processed under subsection (B)(1) is not subject to the public notice provision under R18-9- A907 or public participation procedures under R18-9- A908.

C.      Permit termination.

1.        The Director may terminate an individual permit during its term or deny reissuance of a permit for any of the fol- lowing causes:

a.         The permittee’s failure to comply with any condition of the permit;

b.        The permittee’s failure in the application or during the permit issuance process to disclose fully all rele- vant facts, or the permittee’s misrepresentation of any relevant fact;

c.         The Director determined that the permitted activity endangers human health or the environment and can only be regulated to acceptable  levels by permit modification or termination; or

d.        A change occurs in any condition that requires either a temporary or permanent reduction or elimination of any discharge, sludge use, or disposal practice controlled by the permit, for example, a plant clo- sure or termination of discharge by connection to a POTW.

2.        If the Director terminates a permit during its term or denies a permit renewal application for any cause listed in subsection (C)(1), the Director shall issue a Notice of Intent to Terminate, except when the entire discharge is terminated.

a.         Unless the permittee objects to the termination notice within 30 days after the notice is sent, the ter- mination is final at the end of the 30 days.

b.        If the permittee objects to the termination notice, the permittee shall respond in writing to the Director within 30 days after the notice is sent.

c.         Expedited permit termination. If a permittee requests an expedited permit termination procedure, the permittee shall certify that the permittee is not subject to any pending state or federal enforcement actions, including citizen suits brought under state or federal law.

d.        The denial of a request for termination is not subject to public notice, comment, or hearing under R18-9- A907 and R18-9-A908(A) and (B).

Historical Note

New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4).