62-730.290. Permit Modification

(1) After notice, and administrative hearing if requested by a substantially affected party, the Department shall require the owner or operator to conform to new or additional conditions upon a showing of good cause. For the purposes of this rule good cause shall be limited to the following:

(a) The standards or rules on which the permit or other authorization was based have been changed by amendment or judicial decision after the permit was issued or the authorization was granted;

(b) The Department has received information which was not available at the time of authorization and would have justified different conditions;

(c) There are alterations in the facility after authorization which justify different conditions but do not require a construction permit; or

(d) The causes set forth in subsection 62-4.080(1), F.A.C., and 40 CFR 270.41 and 270.42.

(2) When a permit or other authorization is to be modified only the conditions subject to modification are opened. All other aspects of the permit or other authorization shall remain in effect.

(3) Upon a written request by the owner or operator and submittal of the appropriate modification fee, the Department shall grant or deny modifications.

(4) Modifications to permits or other authorizations which are Class 2 and Class 3 modifications as set forth in 40 CFR 270.42, including construction or expansion of hazardous waste management units, shall be accompanied by a public notice as required in Rule 62-730.292, F.A.C. Modifications which are Class 1 modifications as set forth in 40 CFR 270.42, are minor modifications and may be made without public notice.

(5) With respect to postclosure and corrective action permits only, the permittee may request a permit modification to achieve CTLs based on secondary standards or based on nuisance, organoleptic or aesthetic considerations, which includes termination of financial responsibility requirements for remedial activities and changes to the groundwater plan, or may enter into a consent order (CO) in lieu of a permit and request termination of the hazardous waste postclosure or corrective action permit, when the permittee can demonstrate that the only contamination that remains at or from the facility is groundwater contamination in excess of CTLs based on secondary standards or based on nuisance, organoleptic or aesthetic considerations.

(6)(a) Application for transfer of a hazardous waste facility permit or other authorization shall be made at least 90 days before the effective date of the transfer on the Application for Transfer of A Permit Form 62-730.900(1)(a), effective date January 29, 2006, which is hereby adopted and incorporated by reference. Rule 62-730.900, F.A.C., contains information on obtaining a copy of this form.

(b) With respect to permits, the applicant shall comply with Section 403.722(13), F.S., and the application shall include:

1. A properly completed Application for Transfer of A Permit, Form 62-730.900(1)(a).

2. A statement as to how the new owner or operator intends to meet the financial responsibility requirements adopted in Rules 62-730.180 and 62-730.226, F.A.C. The new owner or operator must demonstrate financial responsibility within six months of the date of the change of ownership or operational control of the facility. The prior owner or operator shall comply with the requirements of 40 CFR Part 264 Subpart H [as adopted in subsection 62-730.180(1), F.A.C.] and 62-730.226, F.A.C., until the new owner or operator has demonstrated compliance.

3. A completed application for a Hazardous Waste Facility Permit Part I, Form 62-730.900(2)(a) as adopted in paragraph 62-730.220(2)(a), F.A.C.

4. A completed application for a Hazardous Waste Facility Permit Certification, Form 62-730.900(2)(d) as adopted in paragraph 62-730.220(2)(a), F.A.C.

(c) All applications for transfer of a permit or other authorizations shall include either a certification stating that no changes are to be made which would require modification of the authorization or a proposal for modification.

Rulemaking Authority 403.087, 403.704, 403.722 FS. Law Implemented 403.087, 403.704, 403.722 FS. History–New 7-9-82, Amended 10-25-84, Formerly 17-30.29, Amended 9-23-87, Formerly 17-30.290, Amended 7-3-89, 9-10-91, 10-7-93, Formerly 17-730.290, Amended 1-29-06, 4-23-13.