7 Del. Admin. Code § 1302-124-A-124.5

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

Section 1302-124-A-124.5 - Modification, Revocation and Reissuance, or Termination of Permits

(a) Permits may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee) or upon the Secretary's initiative. However, permits may only be modified, revoked and reissued, or terminated for the reasons specified in § 122.41 or § 122.43. All requests shall be in writing and shall contain facts or reasons supporting the request.

(b) If the Secretary decides the request is not justified, he or she shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment, or hearings.

(c)

(1) If the Secretary tentatively decides to modify or revoke and reissue a permit, he shall prepare a draft permit under § 124.6 incorporating the proposed changes. The Secretary may request additional information and, in the case of a modified permit, may require the submission of an updated permit application. In the case of revoked and reissued permits, the Secretary shall require the submission of a new application.

(2) In a permit modification under this section, only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. 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 final permit is reissued.

(3) "Minor modifications" are not subject to the requirements of this section.

(d) If the Secretary tentatively decides to terminate a permit under § 122.43 he or she shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit prepared under § 124.6.

7 Del. Admin. Code § 1302-124-A-124.5