ARSD 74:52:02:06. Continuation of

The conditions of an expired permit remain effective and enforceable until the effective date of a new permit if the permittee has submitted a complete and timely application for a new permit under §§ 74:52:02:04 and 74:52:02:05 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. 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: (1) Initiate enforcement action based on the permit which has been continued; (2) Issue a notice of intent to deny the new permit under § 74:52:05:04; (3) Issue a new permit under § 74:52:04:03 with appropriate conditions; or (4) Take other action authorized by the SWD permit regulations in chapters 74:52:01 to 74:52:11, inclusive.