La. Admin. Code tit. 33 § IX-3105

Current through Register Vol. 50, No. 6, June 20, 2024

Section IX-3105 - Modification, Revocation and Reissuance, or Termination of Permits

A. Permits may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee) or upon the state administrative authority's initiative. However, permits may only be modified, revoked and reissued, or terminated for the reasons specified in LAC 33:IX.2903, 2907, or 6509. All requests shall be in writing and shall contain facts or reasons supporting the request.

B.

1. If the state administrative authority tentatively decides to modify or revoke and reissue a permit under LAC 33:IX.2903, he or she shall prepare a draft permit under LAC 33:IX.3107 incorporating the proposed changes. The state administrative authority 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 state administrative authority shall require the submission of a new application.

2. In a permit modification under this Section, only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued under this Section, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.

3. Minor modifications as defined in LAC 33:IX.2905, are not subject to the requirements of this Section.

C.

1. If the state administrative authority tentatively decides to terminate a permit under LAC 33:IX.2907.A or 6509 (for EPA-issued NPDES permits, only at the request of the permittee) or a permit under LAC 33:IX.2907.B (where the permittee objects), he or she shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit that follows the same procedures as any draft permit prepared under LAC 33:IX.3107.

2. In the case of EPA-issued permits, a notice of intent to terminate or a complaint shall not be issued if the regional administrator and the permittee agree to termination in the course of transferring permit responsibility to an approved state under 40 CFR 123.24(b)(1) (NPDES) or 40 CFR 501.14(b)(1) (sludge). In addition, termination of an NPDES permit for cause in accordance with LAC 33:IX.2907.B may be accomplished by providing written notice to the permittee, unless the permittee objects.

D. Any request by the permittee for modification to an existing 404 permit (other than a request for a minor modification as defined in 40 CFR 233.16(404) ) shall be treated as a permit application and shall be processed in accordance with all requirements of 40 CFR 124.3.

La. Admin. Code tit. 33, § IX-3105

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), amended LR 23:725 (June 1997), LR 23:1524 (November 1997), amended by the Office of the Secretary, LR 25:662 (April 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 28:472 (March 2002), repromulgated LR 30:231 (February 2004).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4)