COMPLIANCE INFO_FILE 2 - Laserfiche WebLink

Home Browse Search

(I) The permittee has submitted a timely application which is a complete application for a new permit; (2) The Director, 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; and (3) The new permit has not been denied, and if a denial has been appealed, the denial has not been upheld on appeal. (The appeal is still pending or has resulted in a reversal of the denial of the new permit application.) (c) Effect. Permits continued under 5 U.S.C. 558(c) and 40 CFR 144.37 remain fully effec- tive and enforceable. (d) Enforcement. When the permittee is not in compliance with the conditions of the ex- piring or expired permit the Director 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. If the permit is denied, the owner or operator would then be required to cease the activities authorized by the con- tinued permit or be subject to enforcement action for operating without a permit; (3) Issue a new permit under 40 CFR 124 with appropriate conditions; or (4) Take other actions authorized by Underground Injection Control regulations. (e) State Continuation. An EPA issued permit does not continue in force beyond its ex- piration date under Federal law if at that time a State has primary enforcement authority. A State authorized to administer the UIC program may continue either EPA or State-issued permits until the effective date of the new permits, if State law allows. Otherwise, the facility or activity is operating without a permit from the time of expiration of the old permit to the effective date of the State issued new permit. Furthermore, if the State does not continue an EPA permit, upon obtaining primary enforcement responsibility, the permittee must obtain a State permit or be authorized to inject by State rule. 4. Need to Halt or Reduce Activity not a Defense It shall not be a defense, for the permittee in an enforcement action, that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 5. Duty to Mitigate The permittee shall take all reasonable steps to minimize and correct any adverse impact on the environment resulting from noncompliance with this permit. 6. Prover Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and sys- tems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate fund- 4