[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR233.36]



[Page 299]

 

                   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.

    (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.