[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR233.36]

[Page 295-296]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 233--404 STATE PROGRAM REGULATIONS--Table of Contents
 
                      Subpart D--Program Operation
 
Sec. 233.36  Modification, suspension or revocation of permits.

    (a) General. The Director may reevaluate the circumstances and 
conditions of a permit either on his own motion or at the request of the 
permittee or of a third party and initiate action to modify, suspend, or 
revoke a permit if he determines that sufficient cause exists. Among the 
factors to be considered are:
    (1) Permittee's noncompliance with any of the terms or conditions of 
the permit;
    (2) Permittee's failure in the application or during the permit 
issuance process to disclose fully all relevant facts or the permittee's 
misrepresentation of any relevant facts at the time;
    (3) Information that activities authorized by a general permit are 
having more than minimal individual or cumulative adverse effect on the 
environment, or that the permitted activities are more appropriately 
regulated by individual permits;
    (4) Circumstances relating to the authorized activity have changed 
since the permit was issued and justify changed permit conditions or 
temporary or permanent cessation of any discharge controlled by the 
permit;
    (5) Any significant information relating to the activity authorized 
by the permit if such information was not available at the time the 
permit was issued and would have justified the imposition of different 
permit conditions or denial at the time of issuance;
    (6) Revisions to applicable statutory or regulatory authority, 
including toxic effluent standards or prohibitions or water quality 
standards.
    (b) Limitations. Permit modifications shall be in compliance with 
Sec. 233.20.
    (c) Procedures. (1) The Director shall develop procedures to modify, 
suspend or revoke permits if he determines cause exists for such action 
(Sec. 233.36(a)). Such procedures shall provide opportunity for public 
comment (Sec. 233.32), coordination with the Federal review agencies 
(Sec. 233.50), and opportunity for public hearing (Sec. 233.33) 
following notification of the permittee. When permit modification is 
proposed, only the conditions subject to modification need be reopened.

[[Page 296]]

    (2) Minor modification of permits. The Director may, upon the 
consent of the permittee, use abbreviated procedures to modify a permit 
to make the following corrections or allowance for changes in the 
permitted activity:
    (i) Correct typographical errors;
    (ii) Require more frequent monitoring or reporting by permittee;
    (iii) Allow for a change in ownership or operational control of a 
project or activity where the Director determines that no other change 
in the permit is necessary, provided that a written agreement containing 
a specific date for transfer of permit responsibility, coverage, and 
liability between the current and new permittees has been submitted to 
the Director;
    (iv) Provide for minor modification of project plans that do not 
significantly change the character, scope, and/or purpose of the project 
or result in significant change in environmental impact;
    (v) Extend the term of a permit, so long as the modification does 
not extend the term of the permit beyond 5 years from its original 
effective date and does not result in any increase in the amount of 
dredged or fill material allowed to be discharged.