Section 21-734. PERMIT MODIFICATION

 

734.1The Director may modify a solid waste facility permit at any time to mitigate adverse environmental or community impact, to comply with changes to existing law, or upon the application of the owner or operator of a solid waste facility submitted in accordance with the Act.

 

734.2If the Director modifies a permit, notice of the modification shall be served on the facility operator and owner. The modification shall not go into effect until fifteen (15) days after the notice has been personally served, or eighteen (18) days if served by first class mail.

 

734.3If any person requests a hearing about a proposed modification in a timely manner, the permit modification shall not go into effect until a decision and order is issued by the Office of Adjudication. However, nothing contained herein shall restrict the Director's authority to issue a cease and desist order which restricts or prohibits the operation of a facility.

 

734.4The application fee for a permit modification requested by the facility shall be one thousand dollars ($1,000).

 

734.5An application for a modification of a solid waste facility permit shall be completed and signed by the operator of the solid waste facility, submitted to the Department of Consumer and Regulatory Affairs on the form provided by the Department, and shall include all of the information and documentation required by § 730.3 which will change if the modification is granted.

 

734.6If a solid waste facility is owned by a person other than the operator, the owner shall also sign the application.

 

734.7Upon receipt of an application for modification of a solid waste facility permit, the Director shall follow the procedures set forth in §§ 731.1 through 731.5, and §§ 731.8 through 731.20.

 

734.8The Director shall not grant an application for a modification of a solid waste facility permit unless the applicant certifies that it is presently in compliance with the terms and conditions of its permit, and the Director determines that the solid waste facility as modified continues to meet requirements of § 731.15.

 

734.9If an application for modification of a solid waste facility permit is denied, the Director shall notify the applicant of the decision in writing, state the grounds for the denial, and shall inform the applicant of its right to a hearing under the Act.

 

734.10If the Director determines that an application for modification of a solid waste facility permit should be granted, the Director shall modify the permit to the extent the Director has determined is appropriate, and shall add any additional permit terms and conditions to safeguard human health, the public welfare, and the environment as are necessary due to the modification granted.

 

734.11All permit terms and conditions not modified shall remain in effect.

 

734.12Applicants for a modification of a solid waste facility permit have a continuing duty to supplement and update the information required by § 734.5 within ten (10) working days of any change. Additional information shall be submitted to the Director in writing.

 

734.13The provisions of § 730.5 shall apply to applications for modification of solid waste facility permits.

 

 

authority

Solid Waste Facility Permit Amendment Act of 2014, effective March 10, 2015 (D.C. Law 20-188; 61 DCR 12114 (November 28, 2014)).

source

Final Rulemaking published at 43 DCR 6816, 6829 (December 20, 1996); as amended by the Solid Waste Facility Permit Amendment Act of 2014, effective March 10, 2015 (D.C. Law 20-188; 61 DCR 12114 (November 28, 2014)).