8 CAR § 60-308 – Modification of permits

(a) Procedures for permit modification.
1. (1) The permittee may at any time request a modification to the permit.
2. (2) Submittal of an application for modification of permit shall be on forms made available by the Division of Environmental Quality and shall include:
  1. (A) Name, current mailing address, and permit number of the applicant;
  2. (B) A complete description of the proposed modification including all necessary revisions to the original or previously modified permit application;
  3. (C) Revised permit plans, specifications, and narrative;
  4. (D) Permit modification fee in accordance with the current fee schedule; and
  5. (E) Any other requirements deemed necessary by the division to adequately assess the impact of the proposed modification.
(b) Classification of modifications.
1. (1) The Director of the Division of Environmental Quality shall review all proposed modifications and determine if the proposed modification shall be considered a major modification or a minor modification for purposes of assessing fees and public notification.
2. (2) The decision on whether or not a proposed modification may be considered to be major or minor rests solely with the director.
(c) Major modifications.
1. (1) Public notice in accordance with 8 CAR § 60-305 shall be provided for all modifications deemed by the director to be major modifications.
2. (2) A public hearing may be scheduled at the director’s discretion on the proposed modification in accordance with R8 CAR § 60-305(l).
3. (3) Major modifications may include:
  1. (A) An increase of ten percent (10%) or greater in the total permitted capacity of the solid waste disposal facility;
  2. (B) More than one (1) increase of less than ten percent (10%) of the total permitted capacity of the solid waste disposal facility;
  3. (C) An increase in the estimated permit site life of the facility of eighteen (18) months or greater;
  4. (D) Changes to the landfill classification;
  5. (E) An increase of the total land area permitted for waste disposal;
  6. (F) Changes that may alone or in combination with other changes result in a significant environmental impact.
(d) Minor modifications. Where the director determines that the proposed modification is a minor change in the construction or operation of the solid waste facility and that the modification request will be granted, the permit will be modified and no public notice of the modification will be made.
(e) Implementation of modifications. No modification in the construction or operation of a solid waste facility shall be implemented unless and until written approval of the modification or a modified permit is received by the permittee.
(f) Modifications initiated by the division.
1. (1) The director may, at any time in which construction or operations at a permitted facility are not in compliance with the current provisions of this part or other statutes and rules, modify the permit to conform to current rules, statutes, or standards.
2. (2) In addition, the director may at any time modify a permit in order to make administrative changes or corrections to the permit or to provide for the renewal of expired permits.