Section 58.01.25.101 - DURATION01.Permit Term. IPDES permits will be issued for a duration of five (5) years or less. a. The Department may issue a permit for less than five (5) years. The reasoning behind issuing a permit for a shorter period will be provided in the fact sheet.b. The duration of a permit may not be modified to lengthen the effective term of the permit past the maximum five (5) year duration.c. A permit may be issued to expire on or after the statutory deadline established in CWA Sections 301(b)(2)(A), (C), and (E), if the permit includes effluent limits required by CWA Sections 301(b)(2)(A), (C), (D), (E) and (F), whether or not ELGs have been promulgated or approved.d. A determination that a particular discharger falls within a given industrial category for setting a permit expiration date under Subsection 101.01.c. is not conclusive as to the discharger's inclusion in that industrial category for any other purposes, and does not prejudice any rights to challenge or change that inclusion at the time that a permit based on that determination is formulated.e. A federally-issued NPDES permit transferred to the Department to administer after EPA approval of the IPDES program, continues in effect and is enforceable by the Department, subject to Subsections 101.02 and 101.03.02.Continuation of Individual Permits. The conditions of an expired individual federal NPDES permit (except for permits under EPA authority) or a state-issued IPDES permit, will remain fully effective and enforceable until the effective date of a new permit or the date of the Department's final decision to deny the application for the new permit, if:a. The permittee submitted a timely and complete application for a new permit under Section 105; andb. The Department, because of time, resources, or other constraints, but 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.03.Continuation of General Permits. The conditions of an expired general NPDES permit or a state-issued IPDES permit, will remain fully effective and enforceable (except for permits under EPA authority) until the date the authorization to discharge under the new permit is determined, if:a. The permittee submitted a timely notice of intent to obtain coverage under the new general permit as specified in Section 130; andb. The Department, because of time, resources, or other constraints, but through no fault of the permittee, does not issue a new general permit with an effective date on or before the expiration date of the previous permit.04.Continuation of Permits During an Appeal. Whether the conditions of an expired permit remain effective and enforceable during an appeal of a new permit, or an appeal of the denial of a permit application, is governed by Section 204.Idaho Admin. Code r. 58.01.25.101