1. (1) Duration of permits.

   1. (a) Permits under Division 335-14 shall be effective for a fixed term not to exceed ten (10). Each permit for an operating landfill disposal facility shall be reviewed no later than five (5) years after the date of issuance or reissuance.
   2. (b) Except as provided in 335-14-8-.05(2), the term of a permit shall not be extended by modification beyond the maximum duration specified in 335-14-8-.05(1).
   3. (c) The Department may issue any permit for a duration that is less than the full allowable term under 335-14-8-.05(1).
   4. (d) Each permit for a land disposal facility shall be reviewed by the Department five years after the date of permit issuance or reissuance and shall be modified as necessary, as provided in 335-14-8-.04(2).

2. (2) Continuation of expiring permits.

   1. (a) The conditions of an expired permit continue in force until the effective date of a new permit if:

      1. 1. The permittee has submitted a timely application under 335-14-8-.02(5) and the applicable paragraphs in 335-14-8-.02(6) through (19) which is a complete (under 335-14-8-.02(1)(c)) application for a new permit; and
      2. 2. The Department 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.
   2. (b) Effect. Permits continued under 335-14-8-.05(2) remain fully effective and enforceable.

   3. (c) Enforcement. When the permittee is not in compliance with the conditions of the expiring or expired permit, the Department may choose to do any or all of the following:

      1. 1. Initiate enforcement action based on the permit which has been continued;
      2. 2. Issue a new permit under Rule 335-14-8-.08 with appropriate conditions; or
      3. 3. Deny the permit; or
      4. 4. Take any other actions authorized by these regulations.

Author: Stephen C. Maurer; Stephen A. Cobb, C. Edwin Johnston; Sonja B. Favors; Brent A. Watson; Jonah L. Harris

Statutory Authority: Code of Ala., 1975, §§22-30-11, 22-30-12.

History: October 12, 1983. Amended: April 9, 1986; September 29, 1986; August 24, 1989; December 6, 1990. Amended: Filed: November 30, 1994 effective January 5, 1995. Amended: Filed February 21, 1997; effective March 28, 1997. Amended: Filed March 9, 2001; effective April 13, 2001. Amended: Published December 31, 2020; effective February 14, 2021.