[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR122.64]

[Page 233]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 122_EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT 
DISCHARGE ELIMINATION SYSTEM--Table of Contents
 
    Subpart D_Transfer, Modification, Revocation and Reissuance, and 
                         Termination of Permits
 
Sec. 122.64  Termination of permits (applicable to State programs, see 
Sec. 123.25).

    (a) The following are causes for terminating a permit during its 
term, or for denying a permit renewal application:
    (1) Noncompliance by the permittee with any condition of the permit;
    (2) The 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 any time;
    (3) A determination that the permitted activity endangers human 
health or the environment and can only be regulated to acceptable levels 
by permit modification or termination; or
    (4) A change in any condition that requires either a temporary or 
permanent reduction or elimination of any discharge or sludge use or 
disposal practice controlled by the permit (for example, plant closure 
or termination of discharge by connection to a POTW).
    (b) The Director shall follow the applicable procedures in part 124 
or part 22 of this chapter, as appropriate (or State procedures 
equivalent to part 124) in terminating any NPDES permit under this 
section, except that if the entire discharge is permanently terminated 
by elimination of the flow or by connection to a POTW (but not by land 
application or disposal into a well), the Director may terminate the 
permit by notice to the permittee. Termination by notice shall be 
effective 30 days after notice is sent, unless the permittee objects 
within that time. If the permittee objects during that period, the 
Director shall follow part 124 of this chapter or applicable State 
procedures for termination. Expedited permit termination procedures are 
not available to permittees that are subject to pending State and/or 
Federal enforcement actions including citizen suits brought under State 
or Federal law. If requesting expedited permit termination procedures, a 
permittee must certify that it is not subject to any pending State or 
Federal enforcement actions including citizen suits brought under State 
or Federal law. State-authorized NPDES programs are not required to use 
part 22 of this chapter procedures for NPDES permit terminations.

[48 FR 14153, Apr. 1, 1983; 50 FR 6940, Feb. 19, 1985, as amended at 54 
FR 18784, May 2, 1989; 65 FR 30909, May 15, 2000]

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