Modification, Suspension, Revocation and Renewal of Permits

(1) As provided in M.G.L. c. 21, § 43(10), the Department may propose and determine to modify, suspend or revoke any outstanding permit, in whole or in part, for cause including, but not limited to, violation of any permit term, obtaining a permit by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that calls for reduction or discontinuance of the authorized discharge or activity. The Department may also modify a permit at the request of the permittee upon a showing, satisfactory to the Department, that the requested modification is appropriate in view of circumstances for which the permittee is not at fault. The Department’s authority to require any person covered under a general permit to obtain an individual permit or to be covered under an alternative general permit is set forth in 314 CMR 3.06(5). (2) The modification, suspension, revocation or renewal of a permit shall be processed in accordance with the provisions of 314 CMR 2.11. In processing a permit renewal, the Department may revise or withdraw a draft permit renewal, either on its own or in response to comments by EPA, the permittee or the public, prior to the effective date of the permit renewal as determined in accordance with 314 CMR 2.08. In a case where the Department withdraws a draft permit renewal, the existing permit will remain in effect in accordance with 314 CMR 3.09(1). (3) Minor Modifications of Permits. Upon the consent of the permittee, the Department may modify a permit to make the corrections or allowances for changes in the permitted activity listed in 314 CMR 3.13(3), without following the procedures of 314 CMR 2.00. Any permit modification not processed as a minor modification under 314 CMR 3.13 must be made for cause and in accordance with the draft permit and public notice requirements of 314 CMR 2.00. Minor modifications may only: (a) Correct typographical errors; (b) Require more frequent monitoring or reporting by the permittee; (c) Change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement; (d) Allow for a change in ownership or operational control of a facility where the Department 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 permittee has been submitted to the Department; or (e) Delete a point source outfall when the discharge from that outfall is terminated and does not result is discharge of pollutants from other outfalls except in accordance with permit limits.