18 AAC 83.130 - Procedure to modify, revoke and reissue, or terminate permit
(a) The
department may modify, revoke and reissue, or terminate an APDES permit, either
at the request of an interested person, including the permittee, or on the
department's own initiative, for any reason specified in
18 AAC 83.135 and
18 AAC 83.140. A request to
modify, revoke and reissue, or terminate an APDES permit must be in writing and
must contain facts or reasons supporting the request.
(b) If the department tentatively decides to
modify or revoke and reissue a permit, the department will prepare a draft
permit incorporating the proposed changes, and may request additional
information. If the tentative decision is to modify a permit, the department
may require the permittee to submit an updated application.
(c) If the tentative decision is to revoke
and reissue a permit, the department will require the permittee to submit a new
application.
(d) The department
will follow the procedures in
18 AAC 83.115 and
18 AAC 83.120 in preparing a draft
permit under this section.
(e) A
permit will not be modified unless the department finds cause to modify under
18 AAC 83.135(b)
or cause for a minor modification under
18 AAC 83.145. A permit will not
be revoked and reissued unless the department finds cause to revoke and reissue
a permit under
18 AAC 83.135(c).
(f) In a permit modification procedure under
this section and
18 AAC 83.135(b),
only those conditions considered for modification may be reopened when a new
draft permit is prepared. All other provisions of the existing permit shall
remain in effect for the term of that permit.
(g) In a procedure to revoke and reissue a
permit under this section, all provisions in the permit are reopened and
subject to revision and the permit is reissued for a new term. During any
proceeding to revoke and reissue a permit, the permittee shall comply with all
conditions of the existing permit until a new final permit is issued.
(h) A minor modification under
18 AAC 83.145 is not subject to
the requirements of this section.
(i) If the department tentatively decides to
terminate a permit and the permittee objects, the department shall issue a
notice of intent to terminate. A notice of intent to terminate is a type of
draft permit subject to
18 AAC 83.115 and
18 AAC 83.120, as provided in (d)
of this section. Except as provided in (j) of this section, the department
shall follow the applicable procedures in
18 AAC 83.115, and
18 AAC 83.120, and will not
terminate any APDES permit unless the department finds cause under
18 AAC 83.140.
(j) The department may terminate a permit by
notice to the permittee if the entire discharge is permanently terminated by
elimination of the flow or by connection to a POTW, but not by land application
or disposal into a well. Termination by notice is effective 30 days after
notice is sent, unless the permittee objects within that time. If the permittee
objects during that period, the department shall proceed as required by (i) of
this section.
(k) A permittee
subject to pending state or federal enforcement actions, including citizen
suits brought under state or federal law, may not proceed under expedited
termination procedures. A permittee requesting expedited permit termination
procedures must certify that it is not subject to any pending state or federal
enforcement actions, including citizen suits brought under state or federal
law.
Notes
Authority:AS 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.050
AS 46.03.100
AS 46.03.110
AS 46.03.120
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