Nev. Admin. Code § 444.952

Current through November 8, 2024
Section 444.952 - Modification of permit; revocation and reissuance
1. The Director may modify a permit for the management of waste containing polychlorinated biphenyl if:
(a) The holder files a request to make substantial alterations, additions or changes to the facility or activity after issuance of the permit;
(b) The Director has received information which was not available at the time the permit was issued and which would have justified the imposition of different conditions upon the holder of the permit;
(c) The standards or regulations on which the permit was based have been changed by amendment or by judicial decision after the permit was issued;
(d) The Director determines that good cause exists for modification of a schedule for compliance, such as a strike, a shortage of materials, a flood or other act of God, or some other event over which the holder has little or no control and for which there is no reasonably available remedy;
(e) The Director receives new information that the facility in its existing location constitutes a threat to human health or the environment;
(f) The holder files a request for a variance from the level of required financial responsibility or the Director finds that an adjustment of the level of financial responsibility is necessary;
(g) The Director has received notification of a proposed transfer of the permit;
(h) One of the causes set forth in NAC 444.9525 exists for the termination of a permit and the Director determines that modification or revocation and reissuance is appropriate; or
(i) The Director determines that:
(1) Extension and modification of the time for closing the facility;
(2) Continuation of requirements for security at the facility; or
(3) Disturbing the integrity of the system for containment of waste at the facility, is unwarranted.
2. Each request from an interested person, including the holder of the permit, for a modification or a revocation and reissuance of a permit must be in writing and contain facts or reasons supporting the request.
3. If the Director decides to modify a permit or to revoke and reissue it, he or she shall prepare a draft permit incorporating the proposed changes.
4. In the case of:
(a) A revoked and reissued permit, the owner or operator must submit a new application.
(b) A modified permit, the Director may require the owner or operator to submit an updated application.
5. The Director may request additional information from the owner or operator as needed.
6. When a permit is modified, only those conditions to be modified may be considered when a new draft of a permit is prepared. All other aspects of the existing permit must remain in effect for the duration of the unmodified portion of the permit.
7. When a permit is revoked and reissued, the entire subject of the permit may be considered, as if the permit had expired and was being reissued. During any procedure for revocation and reissuance, the holder shall comply with all conditions of the existing permit until a final permit is reissued.

Nev. Admin. Code § 444.952

Added to NAC by Environmental Comm'n, eff. 6-29-84; A 9-19-90

NRS 459.485, 459.520