Ala. Admin. Code r. 335-6-20-.23

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-6-20-.23 - Transfer, Modification, Revocation And Reissuance, And Termination Of Permits

Subject to notice, hearing, and appeal rights of the permittee, the Department may transfer, modify, or revoke and reissue any permit during its term for cause, including but not limited to, the causes listed in this rule. All applicable fees required by chapter 335-1-6 shall be paid prior to permit transfer, modification, or revocation and reissuance.

(1)Permit Transfers. A permit may be transferred from the permittee to a new operator only if the permit has been modified, revoked and reissued, or a minor modification has been made to identify the new permittee.

(a) If there is to be no change in the operation of the facility which would affect the permittee's ability to comply with the permit and if there are to be no new, different, altered or increased discharges from the facility, the permit may be transferred by modification, revocation and reissuance, or by minor modification of the permit, provided that the reporting requirements of paragraph 335-6-20-.08(1) are met.

(b) If changes in the facility are proposed which would result in new, different, altered, or increased capacity from the facility, the transfer of ownership or operational obligations may be accomplished by complying with the reporting requirements of paragraph 335-6-20-.08(1). No new, different, altered, or increased capacity may commence until a new application and, if required by the Department, an engineering report describing such discharges have been submitted to the Department, and the permit has been modified accordingly.

(c) If the entity to which a permit is requested to be transferred owns or operates a facility or facilities within the state which are in substantial noncompliance, as determined by the Director, the Director may refuse to transfer the permit until noncompliance is corrected or significant progress is made to achieve compliance.

(2)Modification or Revocation and Reissuance of Permits.

(a) The following are causes for modification or revocation and reissuance of permits:

1. When the Director receives any information regarding the facility (for example, inspects the facility, receives information submitted by the permittee as required in the permit, receives a written request for modification or revocation and reissuance by the permittee or other interested person, or conducts a review of the permit file), the Director may determine whether one or more of the causes for modification or revocation and reissuance exists. If cause exists, the Director may modify or revoke and reissue the permit accordingly, subject to public notice requirements, and may request additional information (for example, an engineering report, and/or an updated application). When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, an updated application is required, additional information and/or an engineering report may be required, the entire permit is reopened and subject to revision, and the permit is reissued for a new term.

2. If cause exists for termination under paragraph 335-6-20-.23(3), the Director may determine that modification or revocation and reissuance is appropriate.

3. If the Director has received notification, as required in the permit, of a proposed transfer of the permit, he/she may determine that modification or revocation and reissuance is appropriate.

(b)Modification of Permits. The following are causes for modification but not revocation and reissuance of permits except when the permittee requests or agrees:

1.Alterations. There are material and substantial alterations or additions to the facility or activity generating reclaimed water which occurred after permit issuance which justify the application of permit conditions that are different from or absent in the existing permit.

2.Information. The Director has received new information that was not available at the time of permit issuance which would have justified the application of different permit conditions at the time of issuance.

3. New Regulations. The standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued.

4.Reopener. When required by the reopener conditions in a permit, which are established in the permit pursuant to paragraph 335-6-20-.08(10).

5.Mistakes. To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in determining permit conditions.

(c)Minor Modifications of Permit. Upon consent of the permittee, the Director may modify a permit to make the corrections or allowances for changes in the permitted activity listed in this rule, without following the requirements of rule 335-6-20-.26. Any permit modification not processed as a minor modification under this section must be made for cause, and all applicable requirements of rule 335-6-20-.26 must be satisfied. Minor modifications may only:

1. Correct administrative and typographical errors;

2. Increase the frequency of monitoring or reporting by the permittee;

3. Change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of final compliance date requirement;

4. Allow for a change in name or operational control of the facility where the Director determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the Director as required by paragraph 335-6-20-.08(11).

(3)Termination of Permits.

(a) The following are causes for terminating a permit during its term or for denying a permit reissuance application:

1. Noncompliance by the permittee with any condition of the permit;

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;

3. A change in any condition that requires either a temporary or permanent reduction or elimination of any reuse controlled by the permit;

4. The permittee's failure to submit a complete application, to include additional information requested by the Director and/or appropriate permit fees;

5. Failure to demonstrate that the reclaimed water system has technical, managerial and financial capacity; or

6. A determination that the permitted activity endangers human health or the environment.

(b) Substantial noncompliance, as determined by the Director, of another facility within the state, owned or operated by the permittee requesting reissuance of a permit, will be grounds for denial of permit reissuance until such noncompliance is corrected.

(c) If a permit is denied for reissuance or terminated during its term, upon notification in writing, the permittee shall cease the activities authorized by the continued permit or be subject to enforcement action for operating without a permit.

(4) Permit Suspension. When a permittee is not in compliance with a permit, the Director may suspend the permit until the permittee has taken the action(s) necessary to achieve compliance with the permit.

Ala. Admin. Code r. 335-6-20-.23

Adopted by Alabama Administrative Monthly Volume XXXIII, Issue No. 11, August 31, 2015, eff. 9/29/2015.

Author: Nicholas Caraway

Statutory Authority:Code of Ala. 1975, §§ 22-22-1 to 22-22-14; §§ 22-22A-1 to 22-22A-16et seq., as amended.