TITLE 40--PROTECTION OF ENVIRONMENT AGENCY (CONTINUED) PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM--Table of Contents Subpart E--Expiration and Continuation of Permits Sec. 270.51 Continuation of expiring permits. (a) EPA permits. When EPA is the permit-issuing authority, the conditions of an expired permit continue in force under 5 U.S.C. 558(c) until the effective date of a new permit (see Sec. 124.15) if: (1) The permittee has submitted a timely application under Sec. 270.14 and the applicable sections in Secs. 270.15 through 270.29 which is a complete (under Sec. 270.10(c)) application for a new permit; and (2) The Regional Administrator through no fault of the permittee, does not issue a new permit with an effective date under Sec. 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 Regional Administrator 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 Sec. 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. (d) State continuation. In a State with an hazardous waste program authorized under 40 CFR part 271, 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. (Clean Water Act (33 U.S.C. 1251 et seq.), Safe Drinking Water Act (42 U.S.C. 300f et seq.), Clean Air Act (42 U.S.C. 7401 et seq.), Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.)) [48 FR 14228, Apr. 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983]





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