La. Admin. Code tit. 33 § IX-2321

Current through Register Vol. 50, No. 6, June 20, 2024

Section IX-2321 - Continuation of Expiring Permits

A. When DEQ is the permit-issuing authority, the conditions of an expired permit continue in force under R.S. 30:2023(C), R.S. 49:961(B), and LAC 33:IX.2301.D.4 until the effective date of a new permit (see LAC 33:IX.3123) if:

1. the permittee has submitted a timely application under LAC 33:IX.2501 which is a complete (under LAC 33:IX.2501.E) application for a new permit; and

2. the state administrative authority, through no fault of the permittee does not issue a new permit with an effective date under LAC 33:IX.3123 on or before the expiration date of the previous permit (for example, when issuance is impracticable due to time or resource constraints).

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

C. Enforcement. When the permittee is not in compliance with the conditions of the expiring or expired permit the state administrative authority may choose to do any or all of the following:

1. initiate enforcement action based upon the permit which has been continued;

2. issue a notice of intent to deny the new permit under LAC 33:IX.3107. 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;

3. issue a new permit under LAC 33:IX.Chapters 31-35 with appropriate conditions; or

4. take other actions authorized by these regulations.

La. Admin. Code tit. 33, § IX-2321

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), amended LR 23:1523 (November 1997), repromulgated by the Office of Environmental Assessment, Environmental Planning Division, LR 30:230 (February 2004).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4)