Section 58.01.25.206 - STAYS OF CONTESTED PERMIT CONDITIONS01.Stays.a. If a Petition for Review of an IPDES permit under Section 204 is filed, the contested permit conditions are stayed pending final Department action. Uncontested permit conditions are stayed only until the date specified in Subsection 206.01.b. If the permit involves a new facility or new injection well, new source, new discharger or a recommencing discharger, the applicant will not be issued a permit for the proposed new facility, injection well, source, or discharger pending final Department action.b. Uncontested conditions that are not severable from those contested are stayed together with the contested conditions. The Department will identify the stayed provisions of permits for existing facilities, injection wells, and sources. Other provisions of the permit for the existing facility, injection well, or source become fully effective and enforceable thirty (30) days after the date of the notification required in Subsection 206.01.c.c. As soon as possible after receiving notification from the Hearing Coordinator of the filing of a Petition for Review, the Department will notify the Hearing Authority, applicant, and other parties of the uncontested (and severable) conditions of the final permit that will become fully effective, enforceable obligations of the permit on the date specified in Subsection 206.01.b., and the notice must comply with the requirements of Section 205.02.Stays Based on Cross Effects.a. The Department may grant a stay based on the grounds that an appeal to the Hearing Authority under Section 204 of one permit may result in changes to another Department-issued IPDES permit only when each of the permits involved has been appealed to the Department.b. No stay of an EPA-issued NPDES permit may be granted based on the stay of a Department-issued IPDES permit except at the discretion of the EPA Region 10 Administrator and only upon written request from the Department.03.Permittee Responsibilities. Any facility or activity holding an existing permit must: a. Comply with the conditions of the permit during any modification or revocation and reissuance proceeding under Section 201; andb. To the extent conditions of a new permit are stayed, comply with the conditions of the existing permit correspond to the stayed conditions, unless compliance with the existing conditions is technologically incompatible with compliance with other new permit conditions that have not been stayed.Idaho Admin. Code r. 58.01.25.206