Section 3.09 - Continuation of an Expiring Permit(1) Except as provided in 314 CMR 3.06(10), the conditions of a permit continue in force under M.G.L. c. 30A, § 13 beyond the expiration date if:(a) the permittee has made timely application for renewal or a new permit pursuant to 314 CMR 3.10(3) which is a complete application under 314 CMR 3.10(4); and(b) the Department does not renew or issue a new permit with an effective date under 314 CMR 2.08 on or before the expiration date of the previous permit.(2) Permits continued under 314 CMR 3.09 remain fully effective and enforceable.(3) An EPA-issued permit does not continue in force beyond its expiration date under Federal law, if at that time, the Department is the permitting authority, unless the permittee has complied with the provisions of 314 CMR 3.09(1), otherwise, the facility or activity is operating without a permit from the time of expiration of the old permit to the effective date of the new permit issued by the Department.(4) Any timely application for renewal of a permit filed with the EPA pursuant to 40 CFR 122.21(d) prior to April 25, 2003 shall be deemed to have been filed with the Department pursuant to 314 CMR 3.09.