Section 329IAC3.1-13-16. Continuation of expiring permits

   (a) The conditions of an expired permit continue in force under IC 13-15-3-6 until the effective date of a new permit if:

(1) the permittee has submitted a complete and timely application under IC 13-15-3-6, 40 CFR 270.14, and the applicable sections in 40 CFR 270.21 which is a complete (section 3 of this rule) application for a new permit; and

(2) the commissioner, through no fault of the permittee, does not issue a new permit with an effective date under section 14 of this rule on or before the expiration date of the previous permit.

  (b) Permits continued under this section remain fully effective and enforceable.

  (c) When the permittee is not in compliance with the conditions of the expiring or expired permit, the commissioner may choose to do any or all 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 then be required to cease the activities authorized by the continued permit or be subject to enforcement action for operating without a permit.

(3) Issue a new permit under this rule with appropriate conditions.

(4) Take other actions authorized by this article.

(Solid Waste Management Division; 329 IAC 3.1-13-16; filed Jan 24, 1992, 2:00 p.m.: 15 IR 945; errata filed Jan 10, 2000, 3:01 p.m.: 23 IR 1109; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535)