(a)
40 CFR
270.51 (relating to continuance of expiring
permits) is not incorporated by reference.
(b) The conditions of an expired permit
continue in force until the effective date of a new permit if the following
conditions are met:
(1) The permittee has
submitted a timely application which is a complete application for a new
permit.
(2) The Department, through
no fault of the permittee, does not issue a new permit with an effective date
on or before the expiration date of the previous permit (for example, when
issuance is impracticable due to time or resource
constraints).
(c) Permits
continued under this section remain fully effective and enforceable.
(d) When the permittee is not in compliance
with the conditions of the expiring or expired permit, the
Department may
choose to do one or more of the following:
(1) Initiate enforcement action based upon
the permit which has been continued.
(2) Issue a notice of intent to deny the new
permit. If the permit is denied, the owner or operator would be required to
cease activities authorized by the continued permit or be subject to
enforcement action for operating without a permit.
(3) Issue a new permit with appropriate
conditions.
(4) Take other actions
authorized by these regulations.
(e) The conditions of an expired standardized
permit continue in force until the effective date of a new permit if the
following conditions are met:
(1) The
permittee has submitted a timely and complete Notice of Intent under
40 CFR
124.202(b) (relating to how
do I as a facility owner or operator apply for a standardized permit?)
requesting coverage under a RCRA standardized permit.
(2) The Department, through no fault of the
permittee, does not issue a new permit with an effective date on or before the
expiration date of the previous permit (for example, when issuance is
impracticable due to time or resource constraints).
(f) When the
Department notifies a permittee
that the permittee is not eligible for a standardized permit (see
40 CFR
124.206 (relating to in what situations may I
require a facility owner or operator to apply for an individual permit?)), the
conditions of the expired permit will continue if the permittee submits a
timely and complete application for a new permit within 60 days after the
notification.