17.30.1313    CONTINUATION OF EXPIRING PERMITS

(1) The conditions of an expired permit continue in force until the effective date of a new permit if:

(a) the permittee has submitted a timely application under ARM 17.30.1322, which is a complete application for a new permit;

(b) the department, through no fault of the permittee, does not issue a new permit with an effective date under ARM 17.30.1378 on or before the expiration date of the previous permit.

(2) Permits continued under this rule remain fully effective and enforceable until the effective date of a new permit.

(3) When the permittee is not in compliance with the conditions of the expiring or expired permit the department may choose to do any or all of the following:

(a) initiate enforcement action based upon the permit which has been continued;

(b) issue a notice of intent to deny the new permit under ARM 17.30.1370(2) ;

(c) issue a new permit under ARM 17.30.1370 with appropriate conditions; or

(d) take other actions authorized by the MPDES rules.

History: 75-5-201, 75-5-401, MCA; IMP, 75-5-401, MCA; NEW, 1989 MAR p. 2060, Eff. 12/8/89; AMD, 1992 MAR p. 1241, Eff. 6/12/92; TRANS, from DHES, 1996 MAR p. 1499.