132 Neb. Admin. Code, ch. 2, § 010

Current through September 17, 2024
Section 132-2-010 - Modifying, Suspending, Revoking Permits
010.01 Any permit issued by the Department, may be modified, suspended, or revoked, in whole or in part during its term for cause including, but not limited to:
010.01A A violation of any terms or conditions of the permit;
010.01B Obtaining a permit by misrepresentation of any relevant facts or failure to disclose fully all relevant facts;
010.01C Information indicating that the activity or operation poses a threat to human health and the environment; or
010.01D Upon request by the permittee, provided such request does not create a violation of any existing applicable requirements, standards, laws, or rules and regulations. Requests for modifications shall be reviewed according to the standards of Section 009.
010.01E A violation of these rules and regulations or the Environmental Protection Act or the Integrated Solid Waste Management Act.
010.02 In addition to the reasons specified in 010.01 of this chapter, causes for modification, but not revocation, shall include, but not be limited to:
010.02A Information received by the Director which was not available at the time the permit was issued, and which would have justified the application of different permit conditions at the time of issuance;
010.02B A change in the standards or regulations on which the permit was based; or
010.02C A determination made by the Director that good cause exists for modification of a compliance schedule, such as an act of God, strike, flood, materials shortage, or other event over which the permittee has little or no control and for which there is no reasonable available remedy.
010.03 Permit modifications shall not be used to extend the term of a permit.
010.04 Permits which are modified, suspended, or revoked are subject to the public participation procedures of Section 011, except minor modifications as follows. The Director may approve a minor modification of an application if he or she finds that the public health and welfare will not be endangered. The following minor modifications to an application are subject to Departmental approval but do not require public notice or hearing:
010.04A Correction of typographical errors;
010.04B Change of name, address, or telephone number of persons or agencies identified in the application;
010.04C Administrative or informational changes;
010.04D Changes in procedures for maintaining operating records;
010.04E Changes to provide for more frequent monitoring, reporting, sampling, or maintenance;
010.04F Request for a compliance date extension if such date is not more than one hundred twenty days after the date specified in the approved permit;
010.04G Adjustments to the cost estimates or the financial assurance instrument for inflation;
010.04H Changes in the closure schedule for a unit or in the final closure schedule for the facility or an extension of the closure schedule;
010.04I Changes to the days or hours of operation if the hours of operation are within the period from 6:00 a.m. to 8:00 p.m.;
010.04J Changes to the facility contingency plan;
010.04K Changes which improve sampling or analysis methods, procedures, or schedules;
010.04L Changes in quality control or quality assurance plans which will better ensure that the specifications for construction, closure, sampling, or analysis will be met;
010.04M Changes in the facility plan of operation which conform to guidance or rules approved by the Environmental Quality Council or provide more efficient waste handling or more effective waste screening; or
010.04N Replacement of an existing monitoring well with a new well if location is not changed.

132 Neb. Admin. Code, ch. 2, § 010