R315-270-51. Hazardous Waste Permit Program -- Continuation of Expiring Permits

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

  (1) The permittee has submitted a timely application under Section R315-270-14 and the applicable sections in Sections R315-270-15 through 29 which is a complete application for a new permit; and

  (2) The Director through no fault of the permittee, does not issue a new permit with an effective date under Section R315-124-15 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 Section R315-270-51 remain fully effective and enforceable.

  (c) Enforcement. When the permittee is not in compliance with the conditions of the expiring or expired permit, the Director 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 Section R315-124-6. 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 Rule R315-124 with appropriate conditions; or

  (4) Take other actions authorized by these rules.

  (d) State continuation. If a permittee has submitted a timely and complete application under applicable State law and regulations, the terms and conditions of an EPA-issued RCRA permit continue in force beyond the expiration date of the permit, but only until the effective date of the State's issuance or denial of a State RCRA permit.