Section 33-16-01-25 - Modification, suspension, and revocation of national pollutant discharge elimination system permits1. The department may modify, suspend, or revoke any national pollutant discharge elimination system permit in whole or in part during its term for cause including, but not limited to, the causes listed in subsection 2 of section 33-16-01-16, or for failure or refusal of the permittee to carry out the requirements of subsection 3 of section 33-16-01-16. 2. The 40 Code of Federal Regulations, part 122.62(a), causes for modification, [ 40 CFR 122.62(a) ] is incorporated into this chapter by reference. 3. Any such modification, suspension, or revocation by the department shall be governed by the procedures outlined in North Dakota Century Code section 61-28-07, and the following procedures: a. Permit actions may be undertaken at the request of any interested person or upon the department's initiative. Permits may be modified, suspended, or revoked and reissued only for the reasons specified in subsections 1, 2, and 4. b. If the department tentatively decides to modify or revoke and reissue a permit, a draft permit incorporating the proposed changes shall be prepared pursuant to section 33-16-01-06. The department may request additional information from the permittee. If the permit is to be modified, the department may require the submission of an updated application. If the permit is to be revoked and reissued, the permittee shall submit a new application. c. In a permit modification, only those conditions to be modified shall be reopened when the 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, the entire permit is reopened, but the permittee shall comply with all conditions of the existing permit until a new final permit is issued. d. If the department tentatively decides to suspend a permit under subsection 3 of section 33-16-01 -16, a notice of intent to terminate, a type of draft permit, shall be issued. The notice of intent to terminate shall be prepared pursuant to section 33-16-01-06. 4. The40Codeof Federal Regulations, part 122.63, minor modifications of permits, [ 40 CFR 122.63 ] is incorporated into this chapter by reference. Such modifications are not subject to subsection 3. 5. The department may, upon request of the permittee, revise or modify a schedule of compliance in an issued national pollutant discharge elimination system permit if it determines good and valid cause, such as an act of God, strike, flood, materials shortage, or other event over which the permittee has little or no control, exists for such revision and if within thirty days following receipt of notice from the department, the regional administrator does not object in writing. All revisions or modifications made pursuant to this section during the period ending thirty days prior to the date of transmission of such list shall be included in the list prepared by the director pursuant to subsection 4 of section 33-16-01-15. N.D. Admin Code 33-16-01-25
Amended effective October 1, 2002.General Authority: NDCC 61-28-04
Law Implemented: NDCC 61-28-04