Modification, suspension, or revocation of permits and appeals.
Memphis Code of Ordinances § 13-24-25
in effectSec. 13-24-25. - Modification, suspension, or revocation of permits and appeals.
A. During the life of the permit, the control authority may conduct review of the permit to assess if the individual or general permit should be modified, suspended, or revoked.
B. The terms and conditions of a permit, or any part thereof, are subject to modification for good cause, including, but not limited to, the following reasons:
1. To incorporate any new or revised Federal, state, or local requirements;
2. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character;
3. A change in the POTW'S NPDES permit or in the POTW (e.g., changes in the design or capability of WWTP or sludge disposal options);
4. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized activity;
5. Information indicating that the authorized discharge poses a threat to the city's WWTP (e.g., would adversely impact the wastewater treatment process) or the collection system (e.g., could cause corrosion to the pipes or pumping station), city personnel, the receiving waters, or that contradicts prior information;
6. Violation of any term or condition of the permit and/or any requirement set forth in applicable law, regulation, and/or this chapter;
7. Misrepresentations or failure to fully disclose all relevant facts in the permit application or in any required reporting or the tampering of monitoring equipment;
8. Failure to allow timely access to the user's facility or records;
9. Failure to timely pay fines or applicable sewer charges;
10. Revision of or a grant of variance from categorical pretreatment standards pursuant to Tennessee Rule 0400-40-14-.13;
11. To correct typographical errors, omissions, or other errors in the permit;
12. Changes to the local sewer discharge requirements;
13. To change monitoring, sampling, or reporting requirements; and/or
14. For such other reason as the city deems appropriate.
C. When a permit is modified, only the conditions subject to modification are reopened. The user may request that the control authority modify the permit. All other terms and conditions of the existing SIU discharge permit and/or other user permit remain unchanged. In lieu of modifying or changing an existing permit, the control authority may require the user to apply for a new permit when there are significant changes to a user's facility, significant changes to the discharges, or other good cause exists. A user newly designated as a significant industrial user shall obtain an SIU permit, in which case its other user permit for the same discharge, if applicable, shall terminate upon issuance of an SIU discharge permit.
D. A request for modification or other change to a permit does not stay any term or condition set forth in the existing or modified permit pending a determination upon the request. The control authority may, upon its own initiative or in response to a request by the permittee, stay contested permit conditions or actions.
E. Any user is subject to having its permit modified, suspended, or revoked and sewer service discontinued for cause, including:
1. Violation of the SIU discharge permit, other user permit, or any provision of this chapter;
2. Failure of a user to fully disclose all relevant facts, or the permittee's misrepresentation of any relevant facts, including the reporting of the wastewater constituents and characteristics of its discharge;
3. Failure of the user to report significant changes in operations, which affect wastewater constituents and characteristics;
4. Refusal of reasonable access at the user's premises for the purpose of inspection or monitoring the applicable sewage or wastewater system;
5. Refusal or failure to pay all appropriate fees, charges, or civil penalties;
6. Causing the city to violate any condition of its NPDES permit(s); or
7. A determination by EPA, TDEC, or the control authority that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination.
F. Duty to provide information: The user shall furnish the control authority, within a reasonable time, any information which the control authority may request to determine whether cause exists for issuing, modifying, reissuing, suspending, or revoking an SIU discharge permit or other user permit or to determine compliance. The user shall also furnish to the control authority, upon request, copies of records required to be kept. Where the user becomes aware that it failed to submit any relevant facts in an application for a permit, or submitted incorrect information in an application for a permit, report to the control authority, or in any other correspondence pertaining to its regulated activities, it shall promptly submit such facts or information.
G. A user shall not refuse to provide the City of Memphis or its representatives (e.g., inspector) information or refuse to allow the city to undertake actions authorized by this chapter, based upon the user's belief that the information would be confidential business information. The user may request that the information be treated as confidential in accordance with section 13-24-29.
H. A permittee shall have the right to appeal the issuance, reissuance, modification, suspension, or revocation of a permit to the local hearing authority under article 4 of this chapter. Any appeal must be received within 30 days of the city's action.
I. Action of the control authority for which review has been available (e.g., enactment of an ordinance, or issuance, reissuance, modification, suspension, or revocation of a permit) shall not be subject to administrative or judicial review in any civil or criminal proceeding for enforcement. Among other things, this means that an underlying permit condition or ordinance requirement cannot be challenged in an enforcement proceeding.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT13PUSE_CH13-24PR_ART2SYDIINFESTRE_S13-24-25MOSUREPEAPFetched: 10/28/2026