250 R.I. Code R. 250-RICR-150-10-1.37

Current through December 26, 2024
Section 250-RICR-150-10-1.37 - Modification, Revocation and Reissuance, or Termination Procedures
A. Permits may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee) or upon the Department's initiative. However, permits may usually only be modified, revoked and reissued, or terminated for the reasons specified in §§ 1.24 or 1.26 of this Part. Other basis for modification may only be found when consistent with the State Act so long as not for causes less stringent than required by the Clean Water Act and implementing regulations. All requests shall be in writing and shall contain facts or reasons supporting the request.
B. If the Department decides the request is not justified, the Department shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment or hearings.
1. If the Department tentatively decides to modify or revoke and reissue a permit under § 1.24 of this Part, a draft permit shall be prepared under § 1.38 of this Part incorporating the proposed changes. The Department may request additional information and, in the case of a modified permit, may require the submission of an updated permit application. In the case of revoked and reissued permits, the Department 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 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 § 1.26 of this Part are not subject to the requirements of this section.
C. If the Department tentatively decides to terminate a permit under § 1.24 of this Part where the permittee objects, a notice shall be issued of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit prepared under § 1.38 of this Part.
D. All draft permits (including notices of intent to terminate where the permittee objects) prepared under this section shall be based on the administrative record as defined in § 1.41 of this Part.

250 R.I. Code R. 250-RICR-150-10-1.37