Current through Register Vol. 48, No. 38, September 20, 2024
a) The conditions of an expired permit
continue in force until the effective date of a new permit (see 35 Ill. Adm.
Code
705.201)
if both of the following conditions are fulfilled:
1) The permittee has submitted a timely
application pursuant to 35 Ill. Adm. Code
703.181(RCRA)
or
704.161(UIC)
that is a complete (pursuant to Section
702.122)
application for a new permit; and
2) The Agency, through no fault of the
permittee, does not issue a new permit with an effective date pursuant to 35
Ill. Adm. Code
705.201 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
pursuant to 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 Agency
may choose to do any or all of the following:
1) Initiate enforcement action based upon the
permit that has been continued;
2)
Issue a notice of intent to deny the new permit pursuant to 35 Ill. Adm. Code
705.141. 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 pursuant to 35 Ill.
Adm. Code 705 with appropriate conditions; or
4) Take other actions authorized by the
Environmental Protection Act, or regulations adopted thereunder.
d) This subsection (d) corresponds
with
40 CFR
144.37(d) and
270.51(d),
which pertain to continuation of USEPA-issued permits until disposition of a
permit application filed with an authorized state. A corresponding provision is
unnecessary in the Illinois regulations. This statement maintains structural
consistency with the corresponding federal rules.
e) RCRA Standardized Permits
1) The conditions of an owner's or operator's
expired RCRA standardized permit continue until the effective date of its new
permit (see 35 Ill. Adm. Code 705.201) if all of the following conditions are
fulfilled:
A) If the Agency is the
permit-issuing authority;
B) If the
owner or operator has submitted a timely and complete Notice of Intent pursuant
to 35 Ill. Adm. Code
705.301(a)(2)
requesting coverage under a RCRA standardized permit; and
C) If the Agency, through no fault of the
owner or operator, does not issue the permit before the previous permit expires
(for example, where it is impractical to make the permit effective by that date
because of time or resource constraints).
2) In some instances, the Agency may notify
the owner or operator that it is not eligible for a RCRA standardized permit
(see 35 Ill. Adm. Code
705.302(c)
). In such an instance, the conditions of the owner's or operator's expired
permit will continue if the owner or operator submits the information specified
in subsection (a)(1) (that is, a complete application for a new permit) within
60 days after it receives an Agency notification that the owner or operator is
not eligible for a RCRA standardized permit.
BOARD NOTE: Derived from
40 CFR
144.37 and
270.51
(2017).
