Section 203.136. Causes for a modification, revocation and reissuance, or termination.

 

(1)   Modification. The department may modify a permit for any of the following causes:

(a) Changes to facility or discharge. There are material and substantial alterations or additions to the permitted facility or activity, including changes in sludge use or disposal which occurred after permit reissuance which would justify the application of different permit conditions or the addition of permit conditions.

(b) New information. The department has received new information, other than revised regulations, guidance or test methods, that was not available at the time of permit issuance or reissuance and that would have justified different permit terms or conditions.

(c) New regulations or standards. After permit issuance or reissuance, the standards or regulations have changed and a permittee has requested a change in a timely manner, or a judicial decision stays or remands an applicable standard or regulation that requires a change to the permit. For purposes of this paragraph, a changed standard or regulation means a change in an effluent limitation guideline, a change in secondary treatment regulations, or a change in a water quality standard that has been approved by EPA.

(d) Judicial decision. A decision from an administrative law judge or judicial court, or a signed stipulation to resolve a s. 283.63 , Stats., contested case hearing, specifies a change to a permit term or condition that was the subject of the contested case hearing or judicial proceeding.

(e) Compliance schedules. The department determines good cause exists for modification of the compliance schedule such as events over which the permittee has little or no control and for which there is no reasonably available remedy. The department may also modify a compliance schedule to reflect time lost during construction of an innovative or alternative facility. The compliance schedule may not be modified to extend beyond the deadlines established under state and federal law.

(f) Variances. If a permittee has filed a variance request to an effluent limitation or thermal discharge, or a variance from a technology based effluent limit based on the presence of fundamentally different factors from those on which the effluent limitations guideline was based.

(g) Toxics. When required to incorporate an applicable toxic effluent standard or prohibition.

(h) Reopener. When required by a provision in the permit that requires a modification or reopening of the permit.

(i) Net limits. Upon the request of a permittee for an adjustment to a technology based limitation based on pollutants in the intake water, provided the permittee qualifies for the limit adjustment, or the department may modify a technology based limitation based on an intake credit if the permittee no longer qualifies for the adjustment.

(j) Pretreatment. When necessary to establish a compliance schedule for development of a pretreatment program.

(k) Failure to notify. Upon failure of the department to notify another state whose waters may be affected by the discharge.

(L) Non-limited pollutants. When the level of discharge of any pollutant which is not limited in the permit exceeds the level which can be achieved by the technology-based treatment requirements applicable to the permittee.

(m) Errors. To correct technical mistakes such as errors in calculations or mistakes in applying pertinent regulations to permit terms and conditions.

(n) Unable to achieve effluent limitation. Where the permittee has installed a treatment technology considered by the permit writer in setting effluent limitations, and where the permittee has properly operated and maintained its treatment facilities, but nevertheless has been unable to achieve compliance with those effluent limitations, the department may modify the limitations to reflect the level of pollutant control actually achieved, but in no case be less stringent than a subsequently promulgated effluent limitations guideline.

(o) Land application plans. When required by a permit condition to incorporate a land application plan for beneficial reuse for sewage sludge or other biosolids, to revise an existing land application plan or to add a land application.

(p) Transfer of permit. To reflect a change in ownership or operator of a permitted facility. A transfer of a permit to a new owner or operator is subject to all of the following procedures:

1. A permit may only be transferred after notification of the department of the proposed new permittee. The modification request shall include the "Facility Information" section of the permit application or equivalent.

2. The current permittee and proposed new permittee shall submit to the department a written agreement that specifies the date of transfer and acceptance of responsibility for compliance with the permit and liability for any violations.

3. The modification is exempt from public notice procedures under s. NR 203.015 , if the department determines no other change to the permit is necessary.

(q) Other. One of the causes for termination in sub. (3) exists and the department determines that a modification is more appropriate than termination.

(2)   Revocation and reissuance. The department may revoke and reissue a permit for any of the following causes:

(a) For any of the causes for a modification listed in sub. (1) provided the permittee agrees to the revocation and reissuance.

(b) Based on one of the causes for termination in sub. (3) if the department determines that a revocation and reissuance is the appropriate action to take.

(3)   Termination. The department may terminate a permit, or deny an application for reissuance, for any of the following causes:

(a) Substantial noncompliance by the permittee with any condition of a permit.

(b) Failure by the permittee in the permit application or during the permit issuance process to fully disclose all relevant facts, or the permittee's misrepresentation of any relevant facts at any time.

(c) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification, revocation and reissuance, or termination.

(d) A change in any condition that requires either a temporary or permanent reduction or elimination of any discharge or sludge use or disposal practice regulated by the permit.

CR 14-027 : cr. Register July 2015 No. 715 , eff. 8-1-15; correction in (1) (c) made under s. 35.17 , Stats., Register July 2015 No. 715 .

Note

Refer to 40 CFR 122.62 , 122.63 , and 122.64 for federal regulations on the causes for a permit modification, revocation and reissuance, or termination. Microsoft Windows NT 6.1.7601 Service Pack 1