Section 813.201  Initiation of a Modification or Significant Modification

a)         Operator Initiated Modification

            A modification or significant modification to an approved permit shall be initiated at the request of an operator at any time after the permit is approved.  The operator initiates a modification or significant modification by application to the Agency.

b)         Agency Initiated Modification

1)         The Agency may modify a permit under the following conditions:

A)        Discovery of a typographical or calculation error;

B)        Discovery that a determination or condition was based upon false or misleading information;

C)        An order of the Board issued in an action brought pursuant to Title VIII, IX or X of the Act; or

D)        Promulgation of new statutes or regulations affecting the permit.

2)         Modifications initiated by the Agency shall not become effective until after 45 days of receipt by the operator, unless stayed during the pendency of an appeal to the Board.  All other time periods and procedures in 813.203 shall apply.  The operator may request the Agency to reconsider the modification, or may file a petition with the Board pursuant to Section 813.106.  All other time periods and procedures in 813.203 shall apply.