NAC445B.325. Operating permits: Termination, reopening and revision, revision, or revocation and reissuance.

     1. A Class I operating permit must be reopened and revised to incorporate any additional applicable requirement adopted pursuant to the Act if, on the effective date of the applicable requirement, the operating permit has a remaining term of 3 or more years. The reopening must be completed not later than 18 months after the effective date of the applicable requirement.

     2. An operating permit may be terminated, reopened and revised, revised, or revoked and reissued if:

     (a) The Director or the Administrator determines that the operating permit contains a material mistake or is based on inaccurate statements;

     (b) The Director or the Administrator determines that the operating permit, as written, does not ensure compliance with all applicable requirements; or

     (c) The Director determines that there has been a violation of any of the provisions of NAC 445B.001 to 445B.3689, inclusive, any applicable requirement, or any condition contained in the operating permit.

     3. The Director shall notify the holder of the operating permit at least 30 days before the Director terminates, reopens and revises, revises, or revokes and reissues the operating permit. The notice must be made by certified mail and must contain the legal authority, the jurisdiction and the reasons for the action taken.

     4. If the Administrator notifies the Director and the holder of the operating permit that cause exists to reopen the operating permit, the Director shall forward to the Administrator a proposed determination of the reopening and revision, the revision of, or the revocation and reissuance of the operating permit within 90 days after receipt of the notice from the Administrator.

     5. If the Director reopens an operating permit, he or she shall revise only those portions of the operating permit for which cause exists.

     6. The reopening of an operating permit pursuant to this section must comply with all of the relevant requirements for the issuance or revision of a permit, including the requirements related to the content of the permit and the requirements for notice, public participation and comment, and a review by any affected states.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; R105-97, 3-5-98; R162-06, 9-18-2006; R040-10, 7-22-2010)