§ 70-0115. Permit modifications, suspensions, revocations, renewals,

reissuances and recertifications.

1. Upon the provision of notice stating the grounds for its action and
giving an opportunity for hearing to the permit holder, the department
may modify, suspend or revoke a permit.

2. A permit holder may make written request to the department for the
renewal, reissuance, recertification or modification of an existing
permit. Such a request shall be accompanied by sufficient information
supporting the request for the departmental action sought.

(a) In the case of a request (i) which does not involve a material
change in permit conditions, then applicable law, environmental
conditions or technology since the date of issuance of the existing
permit, or (ii) for which an opportunity for public comment or hearing
or both is not required by applicable law, the department shall on or
before fifteen calendar days after the receipt of a request mail a
written determination to the permit holder of its decision on the
request. If the decision is to deny the request, the permit holder shall
be afforded an opportunity for hearing and notice of such decision shall
be given by the department in the next available issue of the
environmental notice bulletin.

(b) In the case of a request which may involve a material change as
described in paragraph (a) of this subdivision, or for which an
opportunity for public comment or hearing or both is required by
applicable law, the department shall on or before fifteen calendar days
after the receipt of a request mail a written determination to the
permit holder that the request shall be treated as an application for a
new permit.

(c) In the case of a request for the renewal, reissuance,
recertification or modification of an existing state pollutant discharge
elimination system permit issued in lieu of a national pollutant
discharge elimination system permit the request shall be treated as an
application for a new permit. Any other request may be treated as an
application for a new permit.

(d) In the case of a request for the renewal, reissuance,
recertification or modification of an existing permit issued pursuant to
article nineteen of this chapter, the request may be treated as an
application for a new permit.

If, pursuant to paragraph (a) or (b) of this subdivision, the
department fails to mail a written determination to the permit holder
within such fifteen calendar day period, then the provisions of
paragraph (b) of subdivision three of section 70-0109 of this chapter
shall apply.