7 Del. Admin. Code § 1302-122-D-122.41

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-122-D-122.41 - Modification or revocation and reissuance of permits

When the Secretary receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit (see Section 122.30), receives a request for revocation and reissuance under Section 124.5 or conducts a review of the permit file), he or she may determine whether one or more of the causes listed in paragraphs (a) and (b) of this section for modification, or revocation and reissuance or both exist. If cause exists, the Secretary may modify or revoke and reissue the permit accordingly, subject to the limitations of paragraph (c) of this section, and may request an updated application if necessary. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term. (See Section 124.5 (c)(2).) If cause does not exist under this section, the Secretary shall not modify or revoke and reissue the permit, except on request of the permittee. If a permit modification is requested by the permittee, the Secretary shall approve or deny the request according to the procedures of Section 122.42. Otherwise, a draft permit must be prepared and other procedures in Part 124 followed.

(a) Causes for modification. The following are causes for modification, but not revocation and reissuance, of permits; the following may be causes for revocation and reissuance, as well as modification, when the permittee requests or agrees.

(1) Alterations. There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit.

(2) Information. The Secretary has received 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.

(3) New statutory requirements or regulations. The standards or regulations on which the permit was based have been changed by statute, through promulgation of new or amended standards or regulations, or by judicial decision after the permit was issued.

(4) Compliance schedules. The Secretary 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.

(5) Notwithstanding any other provision in this section, when a permit for a land disposal facility is reviewed by the Secretary under Section 122.50 (d), the Secretary shall modify the permit as necessary to assure that the facility continues to comply with the currently applicable requirements in Parts 124, 260-266, and 122.

(b) Causes for modification or revocation and reissuance. The following are causes to modify or alternately, revoke and reissue a permit:

(1) Cause exists for termination under Section 122.43, and the Secretary determines that modification or revocation and reissuance is appropriate.

(2) The Secretary has received notification (as required in the permit, see Section 122.40 of a proposed transfer of the permit.

(c) Facility siting. Suitability of the facility location will not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance.

(Amended May 8, 1986; August 29, 1988; August 10, 1990)

7 Del. Admin. Code § 1302-122-D-122.41