Section 702.125  Continuation of Expiring Permits

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).

(Source:  Amended at 42 Ill. Reg. 20953, effective November 19, 2018)