§ 70-0115 — Permit modifications, suspensions, revocations, renewals, reissuances and recertifications

§ 70-0115. Permit modifications, suspensions, revocations, renewals,\n reissuances and recertifications.\n 1. Upon the provision of notice stating the grounds for its action and\ngiving an opportunity for hearing to the permit holder, the department\nmay modify, suspend or revoke a permit.\n 2. A permit holder may make written request to the department for the\nrenewal, reissuance, recertification or modification of an existing\npermit. Such a request shall be accompanied by sufficient information\nsupporting the request for the departmental action sought.\n (a) In the case of a request (i) which does not involve a material\nchange in permit conditions, then applicable law, environmental\nconditions or technology since the date of issuance of the existing\npermit, or (ii) for which an opportunity for public comment or hearing\nor both is not required by applicable law, the department shall on or\nbefore fifteen calendar days after the receipt of a request mail a\nwritten determination to the permit holder of its decision on the\nrequest. If the decision is to deny the request, the permit holder shall\nbe afforded an opportunity for hearing and notice of such decision shall\nbe given by the department in the next available issue of the\nenvironmental notice bulletin.\n (b) In the case of a request which may involve a material change as\ndescribed in paragraph (a) of this subdivision, or for which an\nopportunity for public comment or hearing or both is required by\napplicable law, the department shall on or before fifteen calendar days\nafter the receipt of a request mail a written determination to the\npermit holder that the request shall be treated as an application for a\nnew permit.\n (c) In the case of a request for the renewal, reissuance,\nrecertification or modification of an existing state pollutant discharge\nelimination system permit issued in lieu of a national pollutant\ndischarge elimination system permit the request shall be treated as an\napplication for a new permit. Any other request may be treated as an\napplication for a new permit.\n (d) In the case of a request for the renewal, reissuance,\nrecertification or modification of an existing permit issued pursuant to\narticle nineteen of this chapter, the request may be treated as an\napplication for a new permit.\n If, pursuant to paragraph (a) or (b) of this subdivision, the\ndepartment fails to mail a written determination to the permit holder\nwithin such fifteen calendar day period, then the provisions of\nparagraph (b) of subdivision three of section 70-0109 of this chapter\nshall apply.\n