Continuation of an Expiring Permit

(1) The conditions of an individual permit shall continue in force under M.G.L. c. 30A, § 13, beyond the expiration date if: (a) The permittee has made a timely application for renewal or issuance of an individual permit pursuant to 314 CMR 5.09A(3), which is a complete application under 314 CMR 5.09A(4) and (5), or submits a complete and timely notice of intent requesting coverage under a general permit in accordance with 314 CMR 5.13; and (b) The Department does not renew or issue an individual permit or grant coverage under a general permit with an effective date under 314 CMR 2.08: Issuance and Effective Date of Permit Coverage, or Other Determination and Requests for Adjudicatory Hearings on or before the expiration date of the previous permit, and does not issue a decision denying an application for an individual permit, or modifying or revoking the previous permit. If, in lieu of applying for renewal or issuance of an individual permit as set forth in 314 CMR 5.08(1)(a), the permittee files a notice of intent requesting coverage under a general permit, the Department may, as provided in 314 CMR 5.13, require the permittee to apply for renewal or issuance of an individual permit, or file a notice of intent requesting coverage under an alternative general permit, and set a deadline for the permittee to file such application or notice of intent. In that event, the conditions of an individual permit continue in force beyond the expiration date as provided in 314 CMR 5.08(1)(b), only if the permittee submits a complete application for an individual permit or files a complete notice of intent requesting coverage under an alternative general permit by the deadline established by the Department. (2) Individual permits continued under 314 CMR 5.08 shall remain fully effective and enforceable. (3) The conditions of a general permit and coverage under a general permit shall continue beyond the expiration date as provided in 314 CMR 5.13.