NAC445A.261. Modification, suspension or revocation of permit: Grounds.

The permit may be modified, suspended or revoked in whole or in part for cause including, but not limited to, the following:

     1. A violation of any term or condition of the permit.

     2. Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts.

     3. A change in conditions or the existence of a condition, which requires either a temporary or permanent reduction or an elimination of the permitted activity. Any such revocation, modification or suspension is effective no later than 30 days after the holder of the permit receives written notice, issued by the Director, of the facts or conduct warranting such action.

     4. A determination by the Department that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by modifying, suspending or revoking the permit.

     5. Material and substantial alterations or additions to the permitted facility or activity that occurred after the permit was issued which justify the application of new permit conditions or permit conditions that differ from the permit conditions in the existing permit.

     6. The Department receives new information which was not available at the time the permit was issued that would have justified the application of different conditions of the permit.

     7. The standards or regulations on which the permit was based have changed.

     8. The Department receives notification of a proposed transfer of the permit.

     9. A demonstration by any interested person that factors relating to an industrial user are fundamentally different from the factors considered during development of a categorical pretreatment standard applicable to that user. The demonstration must be made in accordance with 40 C.F.R. § 403.13.

     10. A demonstration by any interested person that a publicly owned treatment works consistently removes a pollutant for which a categorical pretreatment standard has been established. The demonstration must be in accordance with 40 C.F.R. § 403.7.

     [Environmental Comm’n, Water Pollution Control Reg. §§ 2.4.3.2-2.4.3.2.3, eff. 5-2-78; A 12-20-79; §§ 2.4.3.2.4 & 2.4.3.2.5, eff. 12-20-79]—(NAC A by R020-99, 9-27-99)