R 323.2159 State and national permits; modification or revocation by the department.

Rule 2159. (1) The department may modify any term or condition, including a schedule of compliance, of a permit, or may revoke a permit upon its finding of any of the following: (a) There is a change in any condition that requires a temporary or permanent reduction or elimination of a permitted discharge or constituent thereof. (b) The administrator of EPA issues a regulation prescribing a restriction or prohibition of a waste or wastewater constituent which is not covered by the terms and conditions of a permit, or the regulation is more stringent than any limitation imposed on a wastewater constituent in a permit. (c) A modification of the terms and conditions of a permit or a time schedule thereon is necessary because of an act of God or other conditions beyond the control of the permittee. (d) In the case of discharges from publicly owned treatment works, federal treatment works grant funds are not available or are not sufficient to allow construction of the treatment works in a time schedule set forth in the permit. (e) There is a violation of any term or condition of the permit. (f) The permittee has obtained a permit by misrepresentation or has failed to disclose all relevant facts to the commission. (g) A toxic effluent standard or prohibition, including any schedule of compliance specified therein, is established pursuant to section 307(a) of the federal act for a toxic waste or wastewater constituent which is present in the permittee’s discharge and the standard or prohibition is more stringent than any limitation upon the waste or wastewater constituent in the permit. (h) The POTW receives wastewater from a nondomestic source and the development of a pretreatment program is necessary to control the introduction of regulated pollutants. (i) When a request for removal credits is approved in accordance with R 323.2313(a). (2) The department shall notify the regional administrator of any change in status or condition of a permit and he or she shall have an opportunity to object thereto, in writing, within 45 days before the effective date of the modification. If the regional administrator objects in writing, then the objection shall be resolved before the modification is approved by the department, unless the right to object is waived, in writing, by the regional administrator. (3) A permittee who is affected by a modification of a permit by the department shall be notified not less than 90 days before the effective date of the modification and, upon petition therefore, shall have a hearing thereon pursuant to section 3112 of part 31 of the act. (4) If the department modifies an effluent limitation or a schedule of compliance in a permit, notice of the modification shall be mailed to all persons on the department mailing list for public notices and fact sheets as prescribed by R 323.2124, and any interested person may comment thereon within 30 days following the date of notification.