7 Del. Admin. Code § 7102-38.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 7102-38.0 - Continuation of expiring permits

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

38.1.1 The permittee has submitted a complete application within 180 days prior to expiration of the current permit; and

38.1.2 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.

38.2 Effect. Permits continued under this Section remain fully effective and enforceable.

38.3 Enforcement. 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:

38.3.1 Initiate enforcement action based upon the permit which has been continued;

38.3.2 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;

38.3.3 Issue a new permit under Part 124 (Sections 3.0-19.0) with appropriate conditions; or

38.3.4 Take other actions authorized by these regulations.

38.4 State continuation. The UIC program may continue permits until the effective date of the new permit.

7 Del. Admin. Code § 7102-38.0

21 DE Reg. 978 (6/1/2018) (Final)