The conditions of an expired permit continue in force until the effective date of a new permit if the permittee has submitted a complete and timely application for a new permit under § 74:52:11:07 and the secretary, through no fault of the permittee, does not issue a new permit that is effective by the expiration date of the previous permit. Permits continued under this section remain fully effective and enforceable until the effective date of a new permit.

1. (1) Initiate enforcement action based on the permit that has been continued;
2. (2) Issue a notice of intent to deny the new permit under § 74:52:05:18;
3. (3) Issue a new permit under § 74:52:04:03 with appropriate conditions; or
4. (4) Take other action authorized by the PIU permit regulations in § 74:52:11:01.

If the permittee is not in compliance with the conditions of the expiring or expired permit, the secretary may choose to do one or more of the following:

Source: 19 SDR 122, effective February 21, 1993; transferred from § 74:03:26:07, July 1, 1996.

General Authority: SDCL 34A-2-30.

Law Implemented: SDCL 34A-2-36.