R315-311-2. Permit Modification, Renewal, or Termination

  (1) A permit may be considered for modification, renewal, or termination at the request of any interested person, including the permittee, or upon the Director's initiative as a result of new information or changes in statutes or rules. Requests for modification, reissuance, or termination shall be submitted in writing to the Director and shall contain facts or reasons supporting the request. Requests for permit modification, renewal, or termination shall become effective only upon approval by the Director.

  (a) Minor modifications of a permit or plan of operation shall not be subject to the 30 day public comment period as required by Section R315-311-3. A permit modification shall be considered minor if:

  (i) typographical errors are corrected;

  (ii) the name, address, or phone number of persons or agencies identified in the permit are changed;

  (iii) administrative or informational changes are made;

  (iv) procedures for maintaining the operating record are changed or the location where the operating record is kept is changed;

  (v) changes are made to provide for more frequent monitoring, reporting, sampling, or maintenance;

  (vi) a compliance date extension request is made for a new date not to exceed 120 days after the date specified in the approved permit;

  (vii) changes are made in the expiration date of the permit to allow an earlier permit termination;

  (viii) changes are made in the closure schedule for a unit, in the final closure schedule for the facility, or the closure period is extended;

  (ix) the Director determines, in the case of a permit transfer application, that no change in the permit other than the change in the name of the owner or operator is necessary;

  (x) equipment is upgraded or replaced with functionally equivalent components;

  (xi) changes are made in sampling or analysis methods, procedures, or schedules;

  (xii) changes are made in the construction or ground water monitoring quality control/quality assurance plans which will better certify that the specifications for construction, closure, sampling, or analysis will be met;

  (xiii) changes are made in the facility plan of operation which conform to guidance or rules approved by the Board or provide more efficient waste handling or more effective waste screening;

  (xiv) an existing monitoring well is replaced with a new well without changing the location;

  (xv) changes are made in the design or depth of a monitoring well that provides more effective monitoring;

  (xvi) changes are made in the statistical method used to statistically analyze the ground water quality data; or

  (xvii) Changes are made in any permit condition that are more restrictive or provide more protection to health or the environment.

  (b) The Director may subject any minor modification request to the 30-day public comment period if justified by conditions and circumstances.

  (c) A permit modification that does not meet the requirements of Subsection R315-311-2(1)(a) for a minor modification shall be a major modification.

  (d) If the Director determines that major modifications to a permit or plan of operation are justified, a new operational plan incorporating the approved modifications shall be prepared. The modifications shall be subject to the public comment period as specified in Section R315-311-3.

  (2) An application for permit renewal shall consist of the information required by Section R315-310-9. Upon receipt of the application, the Director will review the application and will notify the applicant as to what information or change of operational practice is required of the applicant, if any, to receive a permit renewal. The current permit shall remain in effect until issuance or denial of a new permit. Each permit renewal shall be subject to the public comment requirements of Section R315-311-3.

  (3) The Director shall notify, in writing, the owner or operator of any facility of intent to terminate a permit. A permit may be terminated for:

  (a) noncompliance with any condition of the permit;

  (b) noncompliance with any applicable rule;

  (c) failure in the application or during the approval or renewal process to disclose fully all relevant facts;

  (d) misrepresentation by the owner or operator of any relevant facts at any time; or

  (e) a determination that the solid waste activity or facility endangers human health or the environment.

  (4) The owner or operator of a facility may appeal any action

  associated with modification, renewal, or termination in accordance with Section R315-317-3, Title 63G Chapter 4, and Rule R305-7.