Section 309.104 Renewal

Section 309

Section 309.104  Renewal

a)         Any permittee who wishes to continue to discharge after the

expiration date of the NPDES Permit must timely apply for reissuance of the

permit.

1)         A permittee has

submitted a timely application for a new permit when:

A)        The permittee submits:

i)          an application 180 days before the expiration date of the

existing permit; or

ii)         a

request for a waiver in writing to the Agency, the Agency grants a written

waiver to apply less than 180 days before the expiration date of the existing

permit, and the applicant applies within the timeframe listed in the waiver

request.  A waiver request must include the permittee's reasonably justifiable

causes for not meeting the 180-day timeframe.  A waiver of the 180-day

submittal requirement must be filed a minimum of 60 days before the permit

expires, and must include the date by which the permittee must apply.

B)        The Agency must

not grant a waiver for applications to be submitted later than the expiration

date of the existing permit.

C)        Any Agency

decision to deny a waiver request must be made within 21 days after the Agency

receives the waiver request.

2)         The terms and

conditions of an expiring permit remain effective and enforceable against the

discharger until the Agency takes final action on the pending permit

application, only if:

A)        the permittee has

submitted a timely application under subsection (a)(1); and

B)        the Agency, through no fault of the permittee, does not issue a

new permit on or before the expiration date of the previous permit.

b)         All permittees that timely apply for an NPDES permit renewal

must pay an annual NPDES discharge fee under Section 12.5 of the Act.

c)         The Agency must circulate public notice and provide

opportunity for public hearing, as provided for in this Subpart A, in the same

manner as for a new permit application.