7 Del. Admin. Code § 1302-122-E-122.51

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-122-E-122.51 - 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 122.14 and the applicable sections in 122.15-122.29 which is a complete application for a new permit; and

(2) The Secretary through no fault of the permittee, does not issue a new permit with an effective date under Section 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 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 Secretary 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 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 Part 124 with appropriate conditions; or

(4) Take other actions authorized by these regulations.

7 Del. Admin. Code § 1302-122-E-122.51