Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-8-7 - Modification, Revocation and Reissuance, Suspension and Revocation of Permits7.1 Actions by the Secretary. 7.1.a. Permits may be modified, revoked and reissued, suspended or revoked either at the request of any interested person or upon the Secretary's initiative. Permits may only be modified, revoked and reissued, suspended or revoked for the reasons specified in this section. All requests for action on a permit shall be in writing submitted to the Secretary citing facts or reasons supporting the request. The Secretary may require additional information, and in the case of a major modification, may require submission of a new permit application. A new permit application is required for a reissuance under subsection 7.3.7.1.b. If the Secretary decides the request is not justified, he or she shall send the requestor a brief written response giving the reasons for the decision. Denials of the requests are not subject to public notice, comment, or hearings.7.1.c. If the Secretary decides to modify or revoke and reissue a permit and the modification is not made under subsection 7.5, he or she shall prepare a draft permit and follow the public notice procedures in section 6. The Secretary may request additional information and, in the case of a modified permit, may require the submission of an updated permit application. The Secretary shall require the submission of a new application if the permit is revoked or reissued.7.1.d. In a permit modification under this section, only those conditions to be modified are reopened when a new draft permit is prepared. All other conditions of the existing permit shall remain in effect. 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 permit is issued.7.2. Causes for modification or permittee requested reissuance of permits. 7.2.a. Modifications. The following are causes for modification, and requires the preparation of a draft permit and the public notice procedures of section 6. The Secretary may determine the following causes may also be reason for a permit reissuance under section 7.3. 7.2.a.1. Alterations. Material and substantial alterations to the permitted facility or activity which change the content of the wastestream from which a sludge or other material is generated.7.2.a.2. Information. A permit may be modified during its term if new information becomes known and would be cause for different permit conditions.7.2.a.3. New rules. The standards or rules on which the permit was based have been changed by promulgation of amended standards or rules or by judicial decision after the permit was issued.7.2.a.4. For judicial decision, when a court of competent jurisdiction has remanded and stayed State rules or Federal regulations, if the remand and stay concern that portion of the rules or regulations on which the permit condition was based.7.2.a.5. When the permittee begins or expects to begin to use or manufacture as an intermediate or final product or by-product any toxic pollutant which was not reported in the permit application.7.2.a.6. A determination that the permitted activity endangers human health or the environment which can be reduced to acceptable levels by a permit modification.7.2.a.7. Any of the reasons cited in subsection 7.4.7.2.a.8. To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in determining permit conditions.7.3. Reissuance. When a permit is reissued under this subsection, the entire permit is reopened. Reissuance requires a draft permit and the public notice procedures of section 6. Processing of a reissuance application does not exempt the permittee from compliance with any permit term or condition while the application is pending.7.4. Suspension and revocation of permits. 7.4.a. The following are causes for revocation or suspension of a permit or for denying a permit renewal application: 7.4.a.1. Noncompliance by the permittee with any condition of the permit; or7.4.a.2. The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time; or7.4.a.3. A determination that the permitted activity endangers human health or the environment which can only be reduced to acceptable levels by permit modification or revocation; or7.4.a.4. A change in any condition that requires either a temporary or a permanent reduction or elimination of any sludge or other material being beneficially used under this rule.7.4.b. The Secretary may suspend or revoke a permit pursuant to W. Va. Code '22-15-15.7.5. Minor modifications of permits. Upon the consent of the permittee, the Secretary may modify a permit to make the corrections or allowances for changes in the permitted activity listed in this section without preparing a draft permit or following the procedures of section 6. Minor modifications may only: 7.5.a. Correct typographical errors;7.5.b. Require more frequent monitoring or reporting by the permittee;7.5.c. Add acreage to a land application site that is already identified in the permit;7.5.d. Amend the loading rate contained in the permit due to a change in nutrient requirements at a land application site.