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3 . Continuation of Expiring Permits <br /> (a) Duty to Reapply. If the permittee wishes to continue <br /> an activity regulated by this permit after the expira- <br /> tion date of this permit, the permittee must submit a <br /> complete application for a new permit at least 180 days <br /> before this permit expires. <br /> (b) Permit Extensions. The conditions of an expired permit <br /> may continue in force in accordance with 5 U.S.C. <br /> 558 (c) until the effective date of a new permit, if: <br /> (1) The permittee has submitted a timely application <br /> which is a complete application for a new permit; <br /> (2) The Director, through no fault of the permittee, <br /> does not issue a new permit with an effective date <br /> on or before the expiration date of the previous <br /> permit; and <br /> (3) The new permit has not been denied, and if a denial <br /> has been appealed, the denial has not been upheld <br /> on appeal . (The appeal is still pending or has <br /> resulted in a reversal of the denial of the new <br /> permit application. ) <br /> (c) Effect. Permits continued under 5 U.S.C. 558 (c) and 40 <br /> CFR §144 . 37 remain fully effective and enforceable. <br /> (d) Enforcement. When the permittee is not in compliance <br /> with the conditions of the expiring or expired permit <br /> the Director may choose to do any or all of the follow- <br /> ing: <br /> (1) Initiate enforcement action based upon the permit <br /> which has been continued; <br /> (2) Issue a notice of intent to deny the new permit. <br /> If the permit is denied, the owner or operator <br /> would then be required to cease the activities <br /> authorized by the continued permit or be subject to <br /> enforcement action for operating without a permit; <br /> (3) Issue a new permit under 40 CFR §124 with ap- <br /> propriate conditions; or <br /> (4) Take other actions authorized by Underground Injec- <br /> tion Control regulations. <br /> 5 <br />