Md. Code Regs. 26.08.04.10

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.08.04.10 - Permit Review and Modification

A. General.

(1) The Department may review or modify any State discharge permit or other written authorization describing required performance for specific activities and operations under the procedures set forth in this regulation.

(2) When a permit is modified, only the conditions subject to modification are reopened.

B. Permit Review. The Department of the Environment may review any permit which it has issued in order to determine whether the:

(1) Conditions of the permit have been complied with; and

(2) Permit should properly be modified, suspended, or revoked.

C. Minor Modification of Permits.

(1) The Department may modify a permit to make minor modifications in the permitted activity.

(2) A minor modification requested by a permittee shall be in writing.

(3) Minor modifications may only:

(a) Correct typographical errors;

(b) Require more frequent monitoring or reporting by the permittee;

(c) Change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement;

(d) Allow for a change in ownership or operational control of a facility when the Department determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the Department;

(e) Change the construction schedule for a discharger which is a new source if the change does not affect the discharger's obligation to have all pollution control equipment installed and in operation before discharge;

(f) Delete a point source outfall when the discharge from that outfall is terminated and does not result in discharge of pollutants from other outfalls except in accordance with permit limits; or

(g) Incorporate conditions of a pretreatment program that has been approved in accordance with COMAR 26.08.08.

D. Major Permit Modification Request by Permittee.

(1) A permittee may request modification of the permit by submitting a written request to the Department.

(2) Upon receipt, the Department shall review the request and promptly notify the permittee of its decision.

(3) If the Department decides to grant the permittee's request, permit modifications shall be processed by the Department according to Regulations .01-----.02-4 of this chapter.

(4) The Department of the Environment, upon written request of the applicant, may revise or modify a schedule of compliance without a hearing if:

(a) It determines good and valid cause exists for the revision or modification, such as an act of God, materials shortage, or other event over which the permittee has no control; and

(b) Within 30 days following receipt of notice from the Department, the Administrator of the EPA, or his designated representative, does not object in writing.

Md. Code Regs. 26.08.04.10

Regulation .10 amended and recodified to Regulations .10 and .10-1 effective November 6, 1995 (22:22 Md. R. 1670)
Regulation .10C amended effective April 15, 1991 (18:7 Md. R. 775)