Section 18 AAC 83.130 - Procedure to modify, revoke and reissue, or terminate permit(a) The department may modify, revoke and reissue, or terminate an APDES permit, either at the request of an interested person, including the permittee, or on the department's own initiative, for any reason specified in 18 AAC 83.135 and 18 AAC 83.140. A request to modify, revoke and reissue, or terminate an APDES permit must be in writing and must contain facts or reasons supporting the request.(b) If the department tentatively decides to modify or revoke and reissue a permit, the department will prepare a draft permit incorporating the proposed changes, and may request additional information. If the tentative decision is to modify a permit, the department may require the permittee to submit an updated application.(c) If the tentative decision is to revoke and reissue a permit, the department will require the permittee to submit a new application.(d) The department will follow the procedures in 18 AAC 83.115 and 18 AAC 83.120 in preparing a draft permit under this section.(e) A permit will not be modified unless the department finds cause to modify under 18 AAC 83.135(b) or cause for a minor modification under 18 AAC 83.145. A permit will not be revoked and reissued unless the department finds cause to revoke and reissue a permit under 18 AAC 83.135(c).(f) In a permit modification procedure under this section and 18 AAC 83.135(b), only those conditions considered for modification may be reopened when a new draft permit is prepared. All other provisions of the existing permit shall remain in effect for the term of that permit.(g) In a procedure to revoke and reissue a permit under this section, all provisions in the permit are reopened and subject to revision and the permit is reissued for a new term. During any proceeding to revoke and reissue a permit, the permittee shall comply with all conditions of the existing permit until a new final permit is issued.(h) A minor modification under 18 AAC 83.145 is not subject to the requirements of this section.(i) If the department tentatively decides to terminate a permit and the permittee objects, the department shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit subject to 18 AAC 83.115 and 18 AAC 83.120, as provided in (d) of this section. Except as provided in (j) of this section, the department shall follow the applicable procedures in 18 AAC 83.115, and 18 AAC 83.120, and will not terminate any APDES permit unless the department finds cause under 18 AAC 83.140.(j) The department may terminate a permit by notice to the permittee if the entire discharge is permanently terminated by elimination of the flow or by connection to a POTW, but not by land application or disposal into a well. Termination by notice is effective 30 days after notice is sent, unless the permittee objects within that time. If the permittee objects during that period, the department shall proceed as required by (i) of this section.(k) A permittee subject to pending state or federal enforcement actions, including citizen suits brought under state or federal law, may not proceed under expedited termination procedures. A permittee requesting expedited permit termination procedures must certify that it is not subject to any pending state or federal enforcement actions, including citizen suits brought under state or federal law.Eff. 7/29/2006, Register 179Authority:AS 44.46.020
AS 46.03.010
AS 46.03.020
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AS 46.03.120