N.D. Admin. Code 33-24-06-02

Current through Supplement No. 393, July, 2024

Section 33-24-06-02 - Continuation of expiring permits

1. The conditions of an expired permit (including expired permits issued by the environmental protection agency) continue in force until the effective date of a new permit if:

a. The permittee has submitted a timely application which is a complete application for a new permit; and

b. 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 (for example, when issuance is impractical due to time or resource constraints).

2. Effect. Permits continued under this section remain fully effective and enforceable.

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:

a. Initiate enforcement action based upon the permit which has been continued.

b. 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.

c. Issue a new permit with appropriate conditions.

d. Take other actions authorized by this article.

4. Standardized permits.

a. The conditions of an expired standardized permit continue in force until the effective date of a new permit (see section 33-24-07-11) if:

(1) The permittee has submitted a timely and complete notice of intent under subsection 2 of section 33-24-07-42 requesting coverage under a hazardous waste standardized permit; and

(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 (for example, when issuance is impractical due to time or resource constraints).

b. The department may notify the owner or operator that the facility is not eligible for a standardized permit (see section 33-24-07-46). The conditions of the expired permit will continue in force if the information specified in subdivision a of subsection 1 is submitted within sixty days after receipt of the notification that the facility is not eligible for a standardized permit.

N.D. Admin Code 33-24-06-02

Effective January 1, 1984.

Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.

General Authority: NDCC 23-20.3-03

Law Implemented: NDCC 23-20.3-03, 23-20.3-04, 23-20.3-05