Rule 11-6-1.1.5 - Duration, Review and Reissuance, Transfer, Modification, Termination, Revocation, Enforcement and Property RightsA. Duration of Permit (1) The duration of an NPDES permit shall be established in accordance with 40 CFR 122.46, which is incorporated herein and adopted by reference. A State permit issued pursuant to the State law and this regulation may be issued for a period not to exceed five years. A UIC permit shall be issued for a term not to exceed ten years. A person who wishes to continue to operate under a permit which expires shall apply for reissuance of a permit pursuant to C. of this Rule.(2) All State permits which have an unspecified term or a term exceeding five years, shall be reevaluated and may be modified and/or reissued for a period not to exceed five (5) years after the date of modification and/or reissuance. Such State permits may be revoked unless the permittee demonstrates all of the following: (a) the wastewater treatment facility can treat the amount of waste it was originally designed to treat,(b) the wastewater treatment facility is not accepting more waste than it was originally designed to treat,(c) the terms and conditions of the permit meet the current requirements of the Department, and(d) the facility is in compliance with the permit terms and conditions. The Permit Board may establish a schedule for reevaluation, modification and/or revocation of these permits.
(3) Permits are subject to modification, revocation, and/or reissuance for cause at any time during the life of the permit.B. Review and Reissuance of State, UIC, or NPDES Permits: Requests and Filing Requirements (1) At least 180 days prior to the expiration date of a State, UIC, or individual NPDES permit issued by the Permit Board pursuant to the State law and this regulation, a permittee who wishes to continue to operate under such permits shall submit an application to the Permit Board for reissuance. The Permit Board may grant permission to submit an application later than this, but no later than the expiration date of the permit. For NPDES general permits and State general permits, the Permit Board will establish in the general permit the schedule for resubmission of a NOI.(2) After receipt of an application for reissuance of a State, UIC, or NPDES permit by a permittee, the Permit Board shall review the application and before reissuing a permit shall be assured that:(a) The permittee is in compliance with or has substantially complied with the terms, conditions, requirements, and schedules of compliance of the existing permit.(b) The Permit Board has up-to-date information on the permittee's production levels, waste treatment practices and the nature, contents and frequency of the permittee's discharge.(c) The discharge is consistent with applicable effluent standards and limitations, water quality standards, and other applicable requirements, including any additions to, revisions or modifications.(3) The Permit Board shall follow the same procedures in reissuing an NPDES or UIC permit as in issuing one.(4) If the applicant submits a timely and complete application or NOI pursuant to subparagraph 1. above, and the Permit Board, through no fault of the applicant, fails to reissue the permit or coverage and/or to act on the application or NOI on or before the expiration date of the existing permit or coverage, the existing permit or coverage shall remain in effect until final action on the permit and/or application or NOI is taken by the Permit Board. The provisions of 40 CFR 122.6(d) are incorporated herein and adopted by reference. In no event shall any permit or coverage remain in effect beyond the expiration date provided in B.6. below.(5) A copy of any NPDES or UIC permit reissued by the Permit Board shall be transmitted to the Regional Administrator (or his/her designee) with any appropriate forms or other applicable information relating thereto as agreed upon in the State/EPA Memorandum of Agreement.(6) An NPDES general permit or state general permit issued by the Permit Board pursuant to this regulation shall continue in effect beyond its expiration date if, at least thirty days prior to the expiration of the general permit, the Department issues a notice of intent to seek reissuance of the permit (with or without modification) by the Permit Board. The general permit then will remain in effect until the Permit Board takes action on the Department's reissuance request.C. State, UIC, and NPDES Permits: Transfer, Modification, Termination, or Revocation by the Permit Board(1) The applicable procedures and requirements set forth in the following sections of 40 CFR, Parts 122, 124 and 144 and amendments thereto shall be adopted as a part of this regulation and incorporated herein by reference.(a) Part 122.61, except 122.61(b), and Part 144.38, except 144.38(b) -Transfer of Permits.(b) Part 122.62 and Part 144.39 - Modification or Revocation and Reissuance of Permits.(c) Part 122.63 - Minor Modifications of Permits.(d) Part 122.64 and Part 144.40 - Termination of Permits.(e) Part 124.5 - Modification, Revocation and Reissuance, or Termination of Permits.(2) In addition to the requirements provided in 1.a. above, Permit transfers are further regulated as follows: (a) "Transfer" shall mean any sale, conveyance, or assignment of the rights held by the applicant in any permit issued pursuant to these regulations. Any change of more than 50 percent of the equity ownership of the permit holder over a sustained period which results in a new majority owner shall constitute a transfer. A new majority owner for purposes of this provision shall be an individual, partnership, company, or group of affiliated companies.(b) A permit issued pursuant to these regulations shall not be transferred except upon approval of the Permit Board.(c) A permit transfer shall be approved if the applicant for transfer approval can demonstrate to the Permit Board it has the financial resources, operational expertise and environmental compliance history over the last five years to insure compliance with the terms and conditions of the permit transferred except where this conflicts with State law.(d) The application for approval of the transfer may be combined with an early application for permit renewal.(3) If the permittee requests a modification of a State, UIC, or NPDES permit which will neither cause the original compliance schedule to be extended more than four (4) months, nor cause an increase in the effluent limits, the modification may be immediately granted by the Permit Board. The Regional Administrator (or his/her designee) will be advised of any NPDES or UIC permit modification granted pursuant to this subpart.(4) If the permittee requests a modification of a state, UIC, or NPDES permit which will cause the original compliance schedule to be extended more than four (4) months, or cause effluent limitations to be less stringent prior to the Permit Board granting such modification of an NPDES or UIC permit, the Regional Administrator (or his/her designee) shall be given a reasonable time as agreed between the State and EPA in which to object in writing and any such objections shall be resolved before the modification is granted.(5) Permit Actions. The permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.D. Enforcement (1) A person who violates any provision of these regulations, a term, condition or schedule of compliance contained within a valid State, UIC, or NPDES permit, or the State law is subject to the actions defined in the State law.(2) The Executive Director or his duly authorized designee shall notify the Regional Administrator(or his/her designee) of all violations in accordance with the MOA regarding NPDES or UIC permits and the means by which the Commission proposes to correct or require the correction of such violations in accordance with 40 CFR 123.45.(3) It shall not be the defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.E. Property Rights, All Permits A permit issued by the Permit Board does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, State, or local laws or regulations.
11 Miss. Code. R. 6-1.1.5
Miss. Code Ann. §§ 49-2-1, et seq. and 49-17-1, et seq.