Ala. Admin. Code r. 335-14-8-.11

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-14-8-.11 - Changes To Permits - Transporters

(1) Modification of permits.

(a) When the Department receives any information or receives a request for modification, it will determine whether or not one or more of the causes for modification of permits listed in 335-14-8 -.11(1)(a)1. exists. If cause exists, the Department may modify the permit accordingly and may request an updated application if necessary. When a permit is modified, only the conditions subject to modification are reopened. If cause does not exist, the Department shall not modify the permit.

1. The following are causes for modification:

(i) Material and substantial alterations to the operations of the permittee which occurred after issuance of the permit (i.e., the addition of a new transfer facility for used oil or hazardous waste);

(ii) Receipt of information by the Department which indicates that permit conditions must be modified in order to protect human health or the environment;

(iii) The standards or rules upon which the permit was based have been changed by the Department or judicial decision after issuance of the permit, the permittee requests the modification and the permit condition to be modified is based on the standard or regulation which has been changed; and

(iv) Cause exists for termination and the Department determines modification is appropriate.

(b) Upon the consent of the permittee, the Department may modify a permit to correct typographical errors.

(c) A permittee must request a modification of the permit whenever the information provided in the permit application pursuant to Rules 335-14-8-.09(4)(a), (b), (f), or (g) becomes outdated or otherwise inaccurate.

(2) Termination of permits. The following are causes for terminating a permit during its term or for denying a permit renewal application:

(a) Noncompliance by the permittee with any condition of the permit, any rule under Division 335-14, any requirements of the AHWMMA or any provision of any order issued by the Department under the authority of the AHWMMA or the Alabama Environmental Management Act;

(b) The permittee's failure during the permit application or issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time; or

(c) 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.

Authors: Stephen C. Maurer, James T. Shipman

Ala. Admin. Code r. 335-14-8-.11

November 19, 1980. Amended: April 9, 1986; February 15, 1988; August 24, 1989. Amended: Filed: November 30, 1994 effective January 5, 1995. Amended: Filed March 9, 2001; effective April 13, 2001.

Statutory Authority:Code of Ala. 1975, §§ 22-30-11, 22-30-12.