R315-124-5. Procedures for Decisionmaking -- Modification, Revocation and Reissuance, or Termination of Permits

  (a) Permits may be modified, revoked and reissued, or terminated either at the request of any interested person, including the permittee, or upon the Director's initiative. However, permits may only be modified, revoked and reissued, or terminated for the reasons specified in Sections R315-270-41 or 43. All requests shall be in writing and shall contain facts or reasons supporting the request.

  (b) If the Director decides the request is not justified, the Director shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment, or hearings. Denials by the Director may be appealed by following the requirements of Sections R305-7-201 through 217.

  (c)(1) If the Director tentatively decides to modify or revoke and reissue a permit under Section R315-270-41, other than Subsection R315-270-42(c), the Director shall prepare a draft permit under Section R315-124-6 incorporating the proposed changes. The Director may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of revoked and reissued permits the Director shall require the submission of a new application.

  (2) In a permit modification under Section R315-124-5, only those conditions to be modified shall be reopened when a draft permit is prepared. All other aspects of the existing permit shall remain in effect. When a permit is revoked and reissued under Section R315-124-5, the entire permit is reopened just as if the permit had expired and were being reissued. During any revocation and reissuance proceeding the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.

  (3) Classes 1 and 2 modifications as defined in Subsections R315-270-42(a) and (b) are not subject to the requirements of Section R315-124-5.

  (d) If the Director tentatively decides to terminate a permit under Section R315-270-43 the Director shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit prepared under Section R315-124-6.

  (e) All draft permits, including notices of intent to terminate, prepared under Section R315-124-5 shall be based on the administrative record as defined in Section R315-124-9.