Section 3-15 - Modification of a Permit Either before the permitted activity is completed or during the review of the permit application, the Administrator may, for good cause, modify a permit.
(a) Modification of individual permits. - (i) When reviewing an individual permit application or before the permitted activity is completed, the Administrator may modify a permit due to the following reasons:
- (A) Existing, unknown or changing site conditions that would prevent compliance with the Division's regulations; or
- (B) Receipt of additional information; or
- (C) Incomplete application on review items where the applicant agrees with the modification; or
- (D) Review items not in compliance with minimum standards where the applicant agrees with the modification; or
- (E) Any other reason necessary to effectuate applicable statutes, standards or regulations.
- (ii) The Administrator shall notify the permittee by registered or certified mail of intent to modify the permit.
- (iii) Such notification shall include the proposed modification and the reasons for modification and time frame to have modifications constructed, installed or operational. Modification requirements shall be implemented before construction, installation, or modification of a facility is completed.
- (iv) The modification shall become final within twenty (20) days from the date of receipt of such notice unless within that time the permittee requests a hearing before the Environmental Quality Council. Such request for hearing shall be made in writing to the Administrator and shall state the grounds for the request. Any hearing held shall be conducted pursuant to the regulations of the department.
- (v) A copy of the modified permit shall be forwarded to the permittee as soon as the modification becomes effective.
(b) Modification of general permits. - (i) The Director shall review each general permit at a minimum of every five (5) years from the date of issuance, make modifications as needed and reissue the general permit.
- (ii) All proposed modifications shall be subject to public notice and opportunity for public comment according to Section 7(c) of this chapter before the modification is approved.
020-3 Wyo. Code R. § 3-15