7 Del. Admin. Code § 7102-7.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 7102-7.0 - Modification, revocation and reissuance, or termination of permits

7.1 Permits may be modified, revoked and reissued, or terminated upon the Department's directive or public initiative only for the reasons specified in Sections 40.0 or 41.0. Any public requests for information, access or action regarding draft permits must be made during the public comment period. After the public comment period has closed and a permit has been issued, any public requests for modification, revocation, reissuance or termination of a permit shall be submitted in writing and contain meritorious facts or reasons supporting the request.

7.2 If the Department decides a request for modification, revocation, reissuance or termination of a permit is not justified, the Department shall send the requester a brief written response giving the reason or reasons for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment, or hearings. Hearings arising from denials of requests for modification, revocation and reissuance, or termination shall be conducted as specified in 7 Del. C. § 6008.

7.3 Permit Modification, Revocation and Reissuance.

7.3.1 If the Department tentatively decides to modify or revoke and reissue a permit under Section 40.0, the Department shall prepare a draft permit under Section 8.0, incorporating the proposed changes. The Department may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of revoked and reissued permits, the Department shall require the submission of a new application.

7.3.2 When a permit is modified or revoked and reissued under this Section, the entire permit may be reopened just as if the permit had expired and was being reissued. During any modification, revocation and reissuance proceeding, the permittee shall comply with all conditions of the existing permit until a new final permit is reissued, provided that a complete UIC application was submitted at least 180 days prior to the expiration of the permit. (see Section 38.0)

7.3.3 "Minor modifications" as defined in Section 42.0 are not subject to the requirements of this Section.

7.4 If the Department tentatively decides to terminate a permit under Section 41.0 where 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 which follows the same procedures as any draft permit prepared under Section 8.0.

7 Del. Admin. Code § 7102-7.0

21 DE Reg. 978 (6/1/2018) (Final)