Section 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.