Land Application: Modifications to Permits
An ND permit may only be modified during its term. The term of an ND permit is the time period between the permit's effective and expiration dates. If a permittee makes a timely and complete reapplication for their ND permit and the permit is not reissued by the Bureau before the permit expires, the permit continues in effect until a final decision on the renewal application. Since the term of a permit is not extended when a permit continues in effect past its expiration date, an expired permit that continues in effect can not be modified, except by reissuance. The reason for this is simply that the administrative process to reissue a permit and the administrative process to modify a permit are the same. Therefore, there is no reason to modify a continued permit since the modifications can be addressed by reissuing the permit.
Also, a permit modification can only be made if a cause for modification exists. Section 505.62 of SC Regulation 61-9 gives the causes for modification that must exist before a permit can be modified. Please visit the ND WEB page on "Causes for Modification" to see the regulation requirements on causes for modification.
Modifications are divided into two broad categories. The two categories are Minor Modifications and Major Modifications. Minor modifications can be made with the consent of the permittee without following the normal administrative procedures for proposed permit decisions, such as public notice, etc. Minor modifications that can be made with the consent of the permittee are as follows:
- Correct typographical errors
- Require more frequent monitoring or reporting by the permittee
- Change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the compliance date requirement
- Change in ownership
- Change the construction schedule for a discharger which is a new source
- Delete a outfall when the discharge from that outfall is terminated and does not result in discharge of pollutants from other outfalls except in compliance with permit limits
- Add intermediate lower-flow-capacity effluent limits that have no loadings higher than current permit
- Incorporate conditions of a POTW pretreatment program that has been approved or modified in accordance with applicable conditions of Section 403 of R.61-9
- Add or revise 208 certification requirements
- Change sludge disposal sites
- Change operator grade or other operator requirements
- Change or add a sampling date
- Add a sampling location
- Reduce sampling frequency if allowed in the permit
- Add reliability classification
- Require submittal of a closure plan
- Incorporation of a pretreatment program
If a permittee does not consent to a modification that is listed as a minor modification, the Bureau may still modify the permit. However, the permit modification is not a minor modification. It is a major modification that must be processed by following the complete administrative process for permit decisions.
Any modification which is not listed as a minor modification is a major modification. Therefore, major modifications are:
- any modification which is not listed as a minor modification; or
- any modification which is listed as a minor modification to which the permittee does not consent.
A proposed major modification must follow all the administrative procedures for permit decisions, such as public notice, public hearing, if required, etc. A proposed modification of an ND permit that proposes an increase in the discharge volume or loading of any pollutant or relaxes a permit limit is public noticed in a newspaper. Other modifications of ND permits are public noticed by posting the notice in three public places. For more information on public notices, please visit our ND WEB page on Public Notice Requirements.
Major modifications may be appealed. If a modification is appealed,
the proposed modifications of the permit are stayed pending the outcome
of the appeal process. The other portions of the permit that are not affected
by the proposed permit modification remain in effect.
Bureau of Water . Phone: (803) 898-4300 . Fax: (803) 898-4215 . Contact Us