7 Del. Admin. Code § 1302-122-H-122.175

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

Section 1302-122-H-122.175 - For what reasons may the Secretary choose to modify my final RAP?

(a) The Secretary may modify your final RAP on his own initiative only if one or more of the following reasons listed in this section exist(s). If one or more of these reasons do not exist, then the Secretary will not modify your final RAP, except at your request. Reasons for modification are:

(1) You made material and substantial alterations or additions to the activity that justify applying different conditions;

(2) The Secretary finds new information that was not available at the time of RAP issuance and would have justified applying different RAP conditions at the time of issuance;

(3) The standards or regulations on which the RAP was based have changed because of new or amended statutes, standards or regulations, or by judicial decision after the RAP was issued;

(4) If your RAP includes any schedules of compliance, the Secretary may find reasons to modify your compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which you as the owner/operator have little or no control and for which there is no reasonably available remedy;

(5) You are not in compliance with conditions of your RAP;

(6) You failed in the application or during the RAP issuance process to disclose fully all relevant facts, or you misrepresented any relevant facts at the time;

(7) The Secretary has determined that the activity authorized by your RAP endangers human health or the environment and can only be remedied by modifying; or

(8) You have notified the Secretary (as required in the RAP under Section 122.30 (l)(3)) of a proposed transfer of a RAP.

(b) Notwithstanding any other provision in this section, when the Secretary reviews a RAP for a land disposal facility under Section 122.195, he may modify the permit as necessary to assure that the facility continues to comply with the currently applicable requirements in Parts 124, 260 through 266 and 122 of these regulations.

(c) The Secretary will not reevaluate the suitability of the facility location at the time of RAP modification unless new information or standards indicate that a threat to human health or the environment exists that was unknown when the RAP was issued.

7 Del. Admin. Code § 1302-122-H-122.175