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E. GENERAL DUTIES AND REQUIREMENTS <br />I . Duty to Comply. The permittee shall comply with all conditions of this permit, <br />except to the extent and for the duration such noncompliance is authorized by an emergency <br />permit. Any permit noncompliance constitutes a violation of the SDWA and is grounds for: <br />termination, revocation and reissuance, modification of this pennit, and/or formal enforcement <br />action. Such noncompliance may also be grounds for enforcement action under the Resource <br />Conservation and Recovery Act (RCRA). <br />Continuation of Expiring Permit. <br />(a) Duty to Reapply. If the pennittee wishes to continue an activity regulated by <br />this permit after the expiration date of this permit, the pennittee shall submit a <br />complete application for a new permit at least one hundred and eighty (180) days <br />before this permit expires. <br />(b) Permit Extensions. The conditions of an expired permit may continue in force <br />in accordance with 5 United States Code (U.S.C.) 558(c) until the effective date of a <br />new permit, if- <br />(i) The pennittee has submitted a timely application that is a complete <br />application for a new pennit; and <br />(ii) The Director, through no fault of the pennittee, does not issue a new <br />permit with an effective date on or before the expiration date of the <br />previous permit. <br />(c) Enforcement. When the pennittee is not in compliance with the <br />conditions of the expiring or expired pennit the Director may choose to <br />do any or all of the following: <br />(1) Initiate enforcement action based upon the permit that has been <br />continued; <br />(ii) Issue a notice of intent to deny the new permit. If the pen-nit is denied, <br />the owner or operator would then be required to cease the activities <br />authorized by the continued permit or be subject to enforcement action <br />for operating without a pen-nit; <br />(iii) Issue a new pennit under 40CFR Part 124 with appropriate conditions; <br />or <br />(iv) `fake other actions authorized by these regulations. <br />(d) State Continuation. An EPA issued permit does not continue in force beyond its <br />expiration date under Federal law if at that time a State has primary enforcement <br />authority. A State authorized to administer the UIC program may continue either the <br />EPA or State-issued permits until the effective date of the new pen-nits, only if State <br />law allows. Otherwise, the facility or activity is operating without a permit from the <br />time of expiration of the old permit to the effective date of the State-issued new permit. <br />Po\?,ertcch (USA). Incorporated <br />Final UIC Class V Pen-nit No. C05 1 23 7-084 1 2 <br />Page 10 of 14