Section 18 AAC 83.155 - Effect of permit; continuation of expiring permit; acceptance of federally-issued NPDES permit as state-administered APDES permit(a) Except for any toxic effluent standards and prohibitions imposed under 33 U.S.C. 1317, compliance with a permit during its term constitutes compliance, for purposes of enforcement, with 33 U.S.C. 1311, 1312, 1316, 1317, 1328, and 1343. However, a permit may be modified, revoked and reissued, or terminated during its term for cause as set out in 18 AAC 83.135 and 18 AAC 83.140.(b) The issuance of a permit does not convey any property rights or any exclusive privilege.(c) The conditions of an expired permit, whether a federal NPDES permit or a state-issued APDES permit, continue in force until the effective date of a new permit if (1) the permittee has submitted a timely application for a new permit under 18 AAC 83.110, and the department determines the application is complete under 18 AAC 83.110(d); and(2) the department, because of time, resource, or other constraints, but 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.(d) A permit continued under this section remains fully effective and enforceable.(e) When the permittee is not in compliance with any condition of the expiring or expired permit, the department may choose to do one or more of the following:(1) initiate enforcement action based on the permit that has been continued;(2) issue a notice of intent to deny the new permit; if the permit is denied, the owner or operator must cease the 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 state law.(f) A federally-issued NPDES permit in effect at the time the EPA gives its approval under 33 U.S.C. 1342(b) of the state's administration of the APDES program serves as the APDES permit required under 18 AAC 83.015, and continues in effect, subject to (c) and (d) of this section until its expiration date.Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184Authority:AS 44.46.020
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