Section 33-24-06-12 - Modification or revocation and reissuance of permitsWhen the department receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit (see section 33-24-06-04), receives a request for revocation and reissuance under section 33-24-07-03 or conducts a review of the permit file), the department may determine whether one or more of the causes listed in subsections 1 and 2 for modification, or revocation and reissuance, or both, exist. If cause exists, the department may modify or revoke and reissue the permit accordingly, subject to the limitations of subsection 3, and may request an updated application if necessary. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term (see section 33-24-07-03). If cause does not exist under this section, the department may not modify or revoke and reissue the permit, except on request of the permittee. If a permit modification is requested by the permittee, the department shall approve or deny the request according to the procedures of section 33-24-06-14, or section 33-24-06-85 and sections 33-24-07-40 through 33-24-07-54. Otherwise, a draft permit must be prepared and other procedures in 33-24-07 followed.
1.Causes for modifications. The following are causes for modification, but not revocation and reissuance of permits. However, the following may be causes for revocation and reissuance as well as modification when the permittee requests or agrees: a. Alterations. There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit.b. Information. The department has received information that was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and would have justified the application of different permit conditions at the time of issuance.c. New statutory requirements or regulations. The standards or regulations on which the permit was based have been changed by statute, through promulgation of new or amended standards or regulations, or by judicial decision after the permit was issued.d. Compliance schedules. The department determines good cause exists for modification of a compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no control and for which there is no reasonably available remedy.e. Notwithstanding any other provision in this section, when a permit for a land disposal facility is reviewed by the department when it comes up for reissuance in accordance with section 33-24-06-06, the department shall modify the permit as necessary to assure that the facility continues to comply with the currently applicable requirements in 33-24-01 through 33-24-07.2.Causes for modification or revocation and reissuance. The following are causes to modify or, alternatively, revoke and reissue a permit: a. Cause exists for termination under section 33-24-06-13, and the department determines that modification or revocation and reissuance is appropriate.b. The department has received notification (as required in the permit, see subsection 4 of section 33-24-06-14) of a proposed transfer of the permit.c. The department has received notification under subsection 2 of section 33-24-07-42 of a facility owner's or operator's intent to be covered by a standardized permit.3.Facility siting. Suitability of the facility location will not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance.N.D. Admin Code 33-24-06-12
Effective January 1, 1984; amended effective October 1, 1986; December 1, 1991; January 1, 1994.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04, 23-20.3-05