Conditions of an NPDES permit issued by the Division of Environmental Quality will continue in effect past the expiration date pending issuance of a new permit, if:

1. (1) The permittee has submitted a timely and complete application as described in 40 C.F.R. § 122.21; and
2. (2) The Director of the Division of Environmental Quality, through no fault of the permittee, does not issue a new permit prior to the expiration date of the previous permit.