20.9.3.22

PERMIT OR FACILITY MODIFICATION.

1. A. Any owner or operator of a solid waste facility who seeks to modify such facility or permit conditions shall obtain a permit modification prior to making any modifications. A permit modification shall not extend the initial term of any permit.
2. B. An application for a modification shall demonstrate compliance with the portions of 20.9.2 - 20.9.10 NMAC that pertain to such a modification.

3. C. The secretary may initiate the modification of permit conditions or require modification of the facility if:

   (1) changes occur after permit issuance which justify permit conditions that are different from or are not included in the existing permit;

   (2) the secretary has received information that was not in the record at the time of permit issuance and would have justified the application of different permit conditions at the time of issuance;

   (3) the standards or regulations on which the permit was based have changed by statute, through promulgation of new or amended standards or regulations, or by judicial decision after the permit was issued;

   (4) the secretary determines good cause exists for modification, such as an act of God, strike, flood, or materials shortage, or other events over which the permittee has little or no control and for which there is no reasonable remedy.

4. D. All permit modifications, whether initiated by the owner or operator or by the secretary, shall be subject to Permit Procedures - Environment Department, 20.1.4 NMAC and permitting procedures in this part.

[20.9.3.22 NMAC - Rp, 20 NMAC 9.1.II.210 NMAC, 08/02/07]