Idaho Admin. Code r. 58.01.25.203

Current through September 2, 2024
Section 58.01.25.203 - TERMINATION OF IPDES PERMITS
01.Request to Terminate or Termination Initiated by the Department. Permits may be terminated either at the request of an interested person (including the permittee) or upon the Department's own initiative. Permits may only be terminated for the reasons specified in Subsection 203.03 or 203.04.
a. Request for termination by persons other than the permittee must be submitted in writing to the Department.
b. As of December 21, 2020, NOTs must be submitted electronically by the permittee to the Department to comply with this section and 40 CFR Part 127 unless waived under 40 CFR 127.15. 40 CFR Part 127 does not eliminate existing requirements for electronic reporting. Independent of 40 CFR Part 127, the permittee may be required to report electronically if specified by a particular permit.
02.Tentative Permit Termination. Except as provided in Subsection 203.04, if the Department tentatively decides to terminate a permit under Subsection 203.03, the Department will issue a notice of termination. A notice of termination will be available for public comment, and the Department will give notice of an opportunity for public meetings, as specified in Section 109.
03.Cause to Terminate Permits. The following are causes for terminating a permit during its term, or for denying a permit renewal application:
a. Noncompliance by the permittee with conditions of the permit;
b. Permittee's failure in the application or during the permit issuance process to fully disclose relevant facts, or the permittee's misrepresentation of relevant facts at any time;
c. Determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination; or
d. Change in a condition that requires either a temporary or permanent reduction or elimination of a discharge or sludge use or disposal practice controlled by the permit (e.g., plant closure or termination of discharge by connection to a POTW), or other situations where the Department has sufficient basis for determining discharge will cease.
04.Expedited Termination Process for Terminated or Eliminated Discharge. If the entire discharge is permanently terminated by eliminating flow or connecting to a POTW (but not by land application or disposal into a well), the Department may terminate the permit by notice to the permittee.
a. Termination by notice becomes effective thirty (30) days after notice is sent (expedited permit termination), unless the permittee objects within that time.
b. If the permittee objects during that period, the Department will follow procedures for termination in Subsection 203.02.
c. Expedited permit termination procedures are not available to permittees subject to pending state and/or federal enforcement actions including citizen suits brought under federal law. If requesting expedited permit termination procedures, a permittee must certify it is not subject to pending state or federal enforcement actions including citizen suits brought under federal law.

Idaho Admin. Code r. 58.01.25.203

Effective July 1, 2024