Section 705.128  Modification or Reissuance of Permits

a)         The Agency may modify or reissue a permit either at the request of any interested person (including the permittee) or on its own initiative.  However, the Agency may only modify or reissue a permit for the reasons specified in 35 Ill. Adm. Code 704.261 through 704.263 (UIC) or 35 Ill. Adm. Code 703.270 through 703.273 (RCRA).  A request for permit modification or reissuance must be made in writing, must be addressed to the Agency (Division of Land Pollution Control), and must contain facts or reasons supporting the request.

b)         If the Agency determines that a request for modification or reissuance is not justified, it must send the requester a brief written response giving a reason for the determination.  A denial of a request for modification or reissuance is not subject to public notice, comment, or public hearing requirements.  The requester may appeal a denial of a request to modify or reissue a permit to the Board pursuant to 35 Ill. Adm. Code 105.

c)         Agency Modification or Reissuance Procedures

1)         If the Agency tentatively decides to initiate steps to modify or reissue a permit pursuant to this Section and 35 Ill. Adm. Code 704.261 through 704.263 or 35 Ill. Adm. Code 703.270 through 703.273 (other than 35 Ill. Adm. Code 703.272(c)), after giving public notice pursuant to Section 705.161(a)(1), as though an application had been received, it must prepare a draft permit pursuant to Section 705.141 incorporating the proposed changes.  The Agency may request additional information and may require the submission of an updated permit application.  For reissued permits, other than those reissued under 35 Ill. Adm. Code 703.272(c), the Agency must require the submission of a new application.  For permits reissued under 35 Ill. Adm. Code 703.272(c), the Agency and the permittee must comply with the appropriate requirements in Subpart G of 35 Ill. Adm. Code 705.

2)         In a permit modification proceeding pursuant to this Section, only those conditions to be modified must be reopened when a new draft permit is prepared.  When a permit is to be reissued pursuant to this Section, the entire permit is reopened just as if it had expired.  During any reissuance proceeding, including any appeal to the Board, the permittee must comply with all conditions of its existing permit until a new final permit is reissued.

3)         "Minor modifications", as defined in 35 Ill. Adm. Code 704.264, and "Class 1 and 2 modifications", as defined in 35 Ill. Adm. Code 703.281 and 703.282, are not subject to this Section.

d)         To the extent that the Agency has authority to reissue a permit, it must prepare a draft permit or notice of intent to deny in accordance with Section 705.141 if it decides to do so.

e)         The Agency or any person may seek the revocation of a permit in accordance with Title VIII of the Environmental Protection Act and the procedure of 35 Ill. Adm. Code 103.  Revocation may only be sought for those reasons specified in 35 Ill. Adm. Code 702.186(a) through (d).

BOARD NOTE:  Derived from 40 CFR 124.5 (2017).

(Source:  Amended at 42 Ill. Reg. 21179, effective November 19, 2018)