Md. Code Regs. 26.13.07.11 - Modification, Withdrawal, or Revocation and Reissuance of Permits
A. When the
Secretary receives any information (for example, inspects the facility,
receives information submitted by the permittee as required in the permit,
receives a request for modification or revocation and reissuance, or conducts a
review of the permit file) he or she may determine whether or not one or more
of the clauses listed in §§A and B of this regulation, for
modification or revocation and reissuance, or both, exist. If cause exists, the
Secretary may modify or revoke and reissue the permit accordingly, subject to
the limitations of §B, of this regulation, 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. If cause does not exist under this regulation or Regulation
.13, of this chapter, the Secretary may not modify or revoke and reissue the
permit. If a permit modification satisfies the criteria in Regulation .13 of
this chapter, for "minor modifications" the permit may be modified without a
draft permit or public review. Otherwise, a draft permit shall be prepared and
other procedures of this chapter followed.
B. Causes of Modification. The following are
causes for modification but not revocation and reissuance of permits:
(1) Alterations. There are material and
substantial alterations or additions to the permitted facility or activity
which occur after permit issuance which justify the application of permit
conditions that are different or absent in the existing permit.
(2) Information. The Secretary 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 revised
regulations, guidance, or test methods) and would have justified the
application of different permit conditions at the time of issuance.
(3) New Regulations. The standards or
regulations on which the permit was based have been changed by statute, through
promulgation of amended standards or regulations or by judicial decision after
the permit was issued.
(4)
Modification. The Secretary may modify a permit:
(a) When modification of a closure plan is
required by COMAR
26.13.05.07 s C(3) or
H(4);
(b) After the Secretary
receives the notification of expected closure under COMAR
26.13.05.07 s D when the Secretary
determines that extension of the 90 or 180 day periods under COMAR
26.13.05.07 s D, modification of
the 30-year post-closure period under COMAR
26.13.05.07 s G(2), continuation
of security requirements under COMAR
26.13.05.07 s G(3), or permission
to disturb the integrity of the containment system under COMAR
26.13.05.07 s G(4) are
unwarranted;
(c) When the permittee
has filed a request under 40
CFR §
264.147(c) for a
variance to the level of financial responsibility or when the Secretary
demonstrates under 40 CFR
§
264.147(d) that an
upward adjustment of the level of financial responsibility is
required;
(d) When the corrective
action program specified in the permit under COMAR
26.13.05.06 s -6 has not brought
the regulated unit into compliance with the ground water protection standard
within a reasonable period of time;
(e) To include a detection monitoring program
meeting the requirements of COMAR
26.13.05.06 s -4, when the owner
or operator has been conducting a compliance action program under COMAR
26.13.05.06 s -6 and the
compliance period ends before the end of the post-closure care period for the
unit;
(f) When a permit requires a
compliance monitoring program under COMAR
26.13.05.06 s -5, but monitoring
data collected before permit issuance indicate that the facility is exceeding
the ground water protection standard;
(g) To include conditions applicable to units
at a facility that were not previously included in the facility's
permit;
(h) When a land treatment
unit is not achieving complete treatment of hazardous constituents under its
current permit conditions.
(5) Compliance Schedules. The Secretary
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.
C. The
suitability of the facility location may 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.
D. 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 Regulation .12 of this regulation, and the Secretary
determines that modification or revocation and reissuance is
appropriate;
(2) The Secretary has
received notification under Regulation .04M(3) of this chapter of a proposed
transfer of the permit.
E. A CHS facility permit can be withdrawn by
the Secretary at the request of the owner or operator if the following
conditions are complied with:
(1) The
Secretary receives a written withdrawal request at least 6 months before
expiration of the permit;
(2) The
Secretary approves a closure plan for activities regulated by the permit;
and
(3) An inspection by a
representative of the Department verifies that activities regulated by the CHS
facility permit are no longer performed and that a CHS facility permit is not
otherwise required.
Notes
Regulation .11D amended effective November 1, 2002 (29:15 Md. R. 1647)
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