S.D. Admin. R. 74:52:04:04

Current through Register Vol. 51, page 54, October 28, 2024

Section 74:52:04:04 - Causes for modification

The following are causes for modification of permits:

(1) Material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance justify the application of permit conditions that are different or absent in the existing permit;

(2) The secretary has received new information on existing and new sources and new dischargers as required by § 74:52:02:09. 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. For general permits, this cause includes any information indicating that cumulative effects on the environment are unacceptable;

(3) The secretary determines that good cause exists for modification of a compliance schedule due to events over which the permittee has little or no control and for which there is no reasonably available remedy. A compliance schedule may not be modified to extend beyond an applicable CWA statutory deadline;

(4) The permittee has filed a request for a variance under §§ 301(c), 301(g), 301(h), 301(i), 301(k), or 316(a) of the CWA or for fundamentally different factors;

(5) If required to incorporate an applicable toxic effluent standard or prohibition as required by § 307(a) of the CWA;

(6) If required by the reopener conditions in a permit, which are established in the permit under § 74:52:03:13 or 40 C.F.R. § 403.10(d) (pretreatment program) (February 13, 1992). However, a modification clause approved under 40 C.F.R. § 403.8(e) (July 1, 1991) relating to the incorporation is considered a minor modification subject to the procedures in § 74:52:04:06;

(7) Upon request of a permittee who qualifies for effluent limits on a net basis under § 74:52:03:27;

(8) As necessary under 40 C.F.R. § 403.8(e) (compliance schedule for development of pretreatment program) (July 1, 1991);

(9) If the level of discharge of any pollutant which is not limited in the permit exceeds the level which can be achieved by the technology-based treatment requirements applicable to the permittee;

(10) To establish a notification level as provided in § 74:52:03:11;

(11) To modify a schedule of compliance to reflect the time lost during modification or replacement of an innovative or alternative facility. This subdivision applies to POTWs which have received a grant under § 202(a)(3) of the CWA for 100 percent of the costs to modify or replace facilities constructed with a grant for innovative and alternative wastewater technology under § 202(a)(2) of the CWA. The compliance schedule may not be modified to extend beyond an applicable CWA statutory deadline for compliance;

(12) If the permittee's technology-based effluent limits are more stringent than the subsequently promulgated effluent guidelines. The permittee must demonstrate operation and maintenance costs that are totally disproportionate from the operation and maintenance costs considered in the development of a subsequently promulgated effluent limitations guidelines. The permit limitations may not be made less stringent than the subsequent guidelines. The permittee must make this request within 90 days of promulgation after the effluent guidelines;

(13) To correct technical mistakes, such as errors in calculations, or mistaken interpretations of law made in determining permit conditions;

(14) If the discharger has installed the treatment technology considered by the permit writer in setting effluent limits which are more stringent than subsequently promulgated effluent guidelines and has properly operated and maintained the facilities but nevertheless has been unable to achieve those effluent limits. In this case, the limits in the modified permit may reflect the level of pollutant control actually achieved but may not be less stringent than required by a subsequently promulgated effluent limit;

(15) If required by a permit condition to incorporate a land application plan for beneficial reuse of sewage sludge, to revise an existing land application plan, or to add a land application plan; or

(16) The incorporation of the terms of a concentrated animal feeding operation's nutrient management plan into the terms and conditions of a general permit when a concentrated animal feeding operation obtains coverage under a general permit in accordance with § 74:52:02:22 is not a cause for modification pursuant to the requirements of this section.

S.D. Admin. R. 74:52:04:04

14 SDR 86, effective 12/24/1987; 19 SDR 122, effective 2/21/1993; transferred from; 44 SDR 98, effective 12/11/2017

General Authority: SDCL 34A-2-30.

Law Implemented: SDCL 34A-2-31.