Or. Admin. Code § 340-045-0055

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-045-0055 - Modification of an NPDES or WPCF Permit

(1) If DEQ determines it is appropriate to initiate modification of an NPDES or WPCF permit, DEQ will notify the permittee by registered or certified mail of the modification and the reasons for the modification. DEQ-initiated modifications for NPDES permits shall be under section (2) of this rule, and for WPCF permits shall be under section (3) of this rule.

(2) The procedures for applying for and issuing NPDES permits apply to any modification the permittee requests or DEQ initiates, excluding modifications that are considered minor.

(a) If the modification is minor, it is considered a Category I permitting action as described in OAR 340-045-0027. Under federal regulations, types of minor modifications include the following:

(A) Corrections of typographical errors;

(B) Requirements for more frequent monitoring, or reporting, or both;

(C) Changes in an interim compliance date provided the new date is not more than 120 days after the date in the existing permit and does not interfere with the final compliance date requirement;

(D) Changes to the construction schedule for a new discharger provided pollution control equipment is installed and operational prior to discharge;

(E) Deleting a point source outfall when the discharge from that outfall is terminated and does not result in discharge of pollutants from other outfalls except under the existing permit limits;

(F) Incorporating conditions from a publicly owned treatment works' pretreatment program that has been approved under OAR 340-045-0063(1).

(b) If the modification is not minor, it is considered a Category III or Category IV permitting action as described in OAR 340-045-0027. Only the conditions subject to modification are reopened during this process. The existing NPDES permit will remain in effect until the modification is final.

(3) The procedures for applying for and issuing WPCF permits apply to any modification the permittee requests or DEQ initiates, excluding modifications that are considered minor.

(a) If modification to a WPCF permit is minor, as defined in section (2) of this rule for NPDES permits, it is considered a Category I permitting action as described in OAR 340-045-0027.

(b) Any other modification to a WPCF permit is considered a Category II permitting action as described in OAR 340-045-0027.

(4) The modification will become effective upon mailing unless the permittee requests a hearing within 20 days. A permittee must request a hearing in writing and state the grounds for the request. DEQ will conduct any hearing as a contested case hearing under ORS 183.413 through 183.470 and OAR chapter 340, division 011. If a hearing is requested, the existing permit continues in effect until DEQ issues a final order.

Or. Admin. Code § 340-045-0055

DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73; DEQ 58, f. 9-21-73, ef. 10-25-73; DEQ 113, f. & ef. 5-10-76; DEQ 13-1988, f. & cert. ef. 6-11-88; DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 15-2017, amend filed 10/31/2017, effective 11/1/2017

Statutory/Other Authority: ORS 468

Statutes/Other Implemented: ORS 468.065, 468.070 & 468B.050