| (a) This section applies to a permit as defined in §3.2
of this title (relating to Definitions), except that it does not apply
to air quality permits under Chapter 122 of this title (relating to
Federal Operating Permits Program). The executive director, on his
own motion or at the request of the permittee, may make a non-substantive
correction to a permit either by reissuing the permit or by issuing
an endorsement to the permit, without observing formal amendment or
public notice procedures. The executive director must notify the permittee
that the correction has been made and forward a copy of the endorsement
or corrected permit for filing in the agency's official records.
(b) The executive director may issue non-substantive
permit corrections under this section:
(1) to correct a clerical or typographical error;
(2) to change the mailing address of the permittee,
if updated information is provided by the permittee;
(3) if updated information is provided by the permittee,
to change the name of an incorporated permittee that amends its articles
of incorporation only to reflect a name change, provided that the
secretary of state can verify that a change in name alone has occurred;
(4) to describe more accurately in a water rights permit
or certificate of adjudication the boundary of or the point, rate,
or period of diversion of water;
(5) to describe more accurately the location of the
authorized point or place of discharge, injection, deposit, or disposal
of any waste, or the route which any waste follows along the watercourses
in the state after being discharged;
(6) to describe more accurately the pattern of discharge
or disposal of any waste authorized to be disposed of;
(7) to describe more accurately the character, quality,
or quantity of any waste authorized to be disposed of; or
(8) to state more accurately or update any provision
in a permit without changing the authorizations or requirements addressed
by the provision.
(c) Before the executive director makes a correction
to a permit under this section, the executive director shall inform
the general counsel of the proposed correction, and shall provide
a copy of such information to the public interest counsel. Review
by the general counsel and the public interest counsel under this
subsection does not apply to a correction described in subsection
(b)(2) or (3) of this section. The public interest counsel shall advise
the general counsel of any objections to the proposed correction.
The general counsel shall act within five business days of receiving
the executive director's proposal. If the general counsel determines
that the proposed correction should not be issued under this section,
the executive director shall not issue the correction, but may set
the matter for commission action during a commission meeting. If the
general counsel fails to act within five business days, the executive
director may issue the correction as proposed.
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