S.C. Code Regs. § § 61-79.270.D.41

Current through Register Vol. 48, 12, December 27, 2024

Section 61-79.270.D.41 - Modification or revocation and reissuance of permits

When the Department receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit (see section270.30), receives a request for modification or revocation and reissuance under R.61-79.124.5 or conducts a review of the permit file), it may determine whether one or more of the causes listed in paragraphs (a) and (b) of this section 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 paragraph (c) of this section, 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 124.5.) If cause does not exist under this section, the Department shall 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 section270.42. Otherwise, a draft permit must be prepared and other procedures in R.61-79.124 followed. (amended 5/93; 12/93)

(a) Causes for modification. The following are causes for modification, but not revocation and reissuance, of permits; the following may be causes for revocation and reissuance as well as modification, when the permittee requests or agrees.

(1) 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.

(2) Information. The Department has received information. Permits may be modified during their terms for this cause only if the information 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.

(3) 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.

(4) 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.

(5) Notwithstanding any other provision in this section, when a permit for a land disposal facility is reviewed by the Department under section270.50(d)(d), the Department shall modify the permit as necessary to assure that the facility continues to comply with the currently applicable requirements in R.61-79.124, R.61-79.260 through R.61-79.266, and R.61-79.270. (amended 5/93; 12/93)

(b) Causes for modification or revocation and reissuance. The following are causes to modify or, alternatively, revoke and reissue a permit;

(1) Cause exists for termination under Section270.43, and the Department determines that modification or revocation and reissuance is appropriate.

(2) The Department has received notification of a proposed transfer under Section270.30(l)(3)(l)(3).

(c) 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.

S.C. Code Regs. § 61-79.270.D.41

Amended by State Register Volume 10, Issue No. 1, eff January 24, 1986; State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 16, Issue No. 12, eff December 25, 1992; State Register Volume 17, Issue No. 5, eff May 28, 1993; State Register Volume 17, Issue No. 12, eff December 24, 1993; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.