Ala. Admin. Code r. 335-6-5-.19

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

Section 335-6-5-.19 - Transfer, Modification, Revocation And Reissuance, And Termination Of Permits

Subject to appeal rights of the permittee, the Department may transfer, modify, or revoke and reissue any SID 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, when the permit action is at the request of the permittee.

(a) 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 made to identify the new permittee:

1. 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 a minor modification of the permit, provided that the reporting requirements of subparagraph 335-6-5-.15(12)(d) are complied with.

2. If there are to be changes in the facility which would result in new, different, altered, or increased discharges from the facility, the transfer of ownership or operational obligations may be accomplished by complying with the reporting requirements of subparagraph 335-6-5-.15(12)(b), but no new, different, altered, or increased discharges 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Department, an engineering report describing such discharges have been submitted to the Department and the permit has been revoked and reissued or modified accordingly.

3. If the entity to which a permit is requested to be transferred, owns or operates 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.

(b) Modification or Revocation and Reissuance of Permits.

1. The following are causes for modification or revocation and reissuance of permits:

(i) When the Director receives any information (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 or not 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 and may request additional information, 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, and the entire permit is reopened and subject to revision and the permit is reissued for a new term.

(ii) If cause exists for termination under this Chapter, the Director may determine that modification or revocation and reissuance is appropriate.

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

2. The following are causes for modification but not revocation and reissuance of permits except when the permittee requests or agrees:

(i) There are material and substantial alterations or additions to the facility or activity generating wastewater which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit.

(ii) Permits may be modified during their terms if the Director has received new information that was not available at the time of permit issuance and that would have justified the application of different permit conditions at the time of issuance.

(iii) The pretreatment general or categorical standard(s) on which the permit was based has been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued.

(iv) A SID Permit may be modified to change a compliance schedule when the Director determines good cause exists for modification of a compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no control and for which there is no reasonably available remedy; however, in no case may a SID Permit compliance schedule be modified to extend beyond an applicable statutory deadline.

(vii) Reopener. A permit shall be modified, when required by the reopener conditions in the permit.

(viii) A permit may be modified to correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in determining permit conditions.

(c) Termination of Permits.

1. The following are causes for terminating a permit during its term, or for denying a permit reissuance application:

(i) non-compliance by the permittee with any condition of the permit;

(ii) 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;

(iii) a change in any condition that requires either a temporary or a permanent reduction or elimination of any discharge controlled by the permit (for example, plant closure or termination of a discharge to a publicly or privately owned treatment works);

(iv) the permittee's failure to submit a complete application to include additional information requested by the Director and appropriate permit fees;

(v) the discharge endangers human health or the environment; and

(vi) the publicly or privately owned treatment works notifies the Department that the permittee is no longer authorized by the POTW to discharge industrial wastewater to the treatment works.

2. Substantial non-compliance, as determined by the Director, of another facility within the state owned or operated by the permittee requesting issuance of a permit, will be grounds for denial of permit issuance or reissuance until such non-compliance is corrected.

(d) 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.

Author: John Poole.

Ala. Admin. Code r. 335-6-5-.19

April 29, 1991.

Statutory Authority:Code of Ala. 1975, §§ 22-22-9, 22-22A-5, 22-22A-6, 22-22A-8.