40 C.F.R. §122.62 - [Effective 11/27/2023] Modification or revocation and reissuance of permits (applicable to State programs, see Section 123.25)
| Cite as | 40 C.F.R. §122.62 |
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27 cases
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U.S. v. Smithfield Foods, Inc., Action No. 2:96cv1204.
...Permit. First, there is no evidence that defendants ever followed the specific, mandatory procedures for modification of a Permit. See 40 C.F.R. § 122.62; see also Citizens for a Better Environment-California v. Union Oil Co. of California, 83 F.3d 1111, 1119 n. 7 (9th Cir.1996) (finding th......
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Chevron U.S.A., Inc. v. Hammond, 81-3700
...state water quality standards shall be incorporated into the permit conditions along with other relevant effluent limitations. 40 C.F.R. Sec. 122.62; see also 33 U.S.C. Sec. 1341(a)(1); 40 C.F.R. Sec. 124.53(a), (e). Thus, absent preemption by another federal statute, such as the PWSA/PTSA,......
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Citizens for a Better Environ. v. Union Oil Co., C 94-0712 TEH
...First, the enforcement agency modifying the permit must make a finding of cause appropriate for modifying the permit. 40 C.F.R. §§ 122.41(f), 122.62, 122.63. The Regional Board made no such finding in this case. Second, the enforcement agency must prepare a draft permit and issue a fact she......
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Connecticut Fund for Environment, Inc. v. Upjohn Co., Civ. No. N-85-349 (PCD).
...21 Furthermore, even if defendant was entitled to a modification of its effluent limitation to reflect its BAT system results, 40 C.F.R. § 122.62(a)(17), it remained liable during the pendency of any such request to comply with the Permit conditions until modified. 40 C.F.R. § 122.41(f); 40......
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2 books & journal articles
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A New Framework
...abating, or buying out pollution from existing sources. See Guidance for Water Quality-Based Decisions , supra note 30, at 51. 69. 40 C.F.R. §122.62(a)(2) (1997): The Director has received new information. Permits may be modified during their terms for this cause only if the information was......
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Permits and state permit programs
...as for the initial issuance. Some very minor modiications (e.g., typographical errors), may be accomplished without public notice. See 40 C.F.R. §§ 122.62, 122.63. Applications for modiications of permits do not stay the efectiveness or enforceability of the permit provisions at issue while......