Section 309.182  Authority to Modify, Suspend or Revoke Permits

a)         Any person, whether or not a party to or participant at any earlier proceeding before the Agency or the Board, may file a complaint for modification, suspension, or revocation of an NPDES Permit in accordance with this Section and Part 103.  (Note:  Prior to codification, Part III of Procedural Rules.)

b)         The Pollution Control Board, after complaint and hearing in accordance with the Act and its Procedural Rules, may modify, suspend or revoke any NPDES permit in whole or in part in any manner consistent with the Act, applicable Board regulations and federal requirements, upon proof of cause including, but not limited to, the following:

1)         Violation of any terms or conditions of the permit (including, but not limited to, schedules of compliance and conditions concerning monitoring, entry and inspection);

2)         Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or

3)         A change in any circumstance that mandates either a temporary or permanent reduction or elimination of the permitted discharge.

c)         The provisions of this Section shall be included as terms and conditions of each issued NPDES Permit.