567—64.8(455B) Reissuance of operation and NPDES permits.
	64.8(1) Individual operation and NPDES permits. Individual operation and NPDES permits will be reissued according to the procedures identified in 64.8(1)“a” to “c.”
	a. 	Any operation or NPDES permittee who wishes to continue to discharge after the expiration date of the permit shall file an application for reissuance of the permit at least 180 days prior to the expiration of the permit pursuant to 567—60.4(455B). For a POTW, permission to submit an application at a later date may be granted by the director. In addition, the applicant must submit up-to-date information on the permittee’s production levels, the permittee’s waste treatment practices, or the nature, contents, and frequency of the permittee’s discharge, as required by the permit application.
	b. 	The director shall follow the notice and public participation procedures specified in 567—64.5(455B) in connection with each request for reissuance of an NPDES permit.
	c. 	Notwithstanding any other provision in these rules, any new point source the construction of which is commenced after the date of enactment of the Federal Water Pollution Control Act Amendments of 1972 (October 18, 1972) and which is so constructed as to meet all applicable standards of performance for new sources shall not be subject to any more stringent standard of performance during a ten-year period beginning on the date of completion of such construction or during the period of depreciation or amortization of such facility for the purposes of Section 167 or 169 (or both) of the Internal Revenue Code, as amended through December 31, 1976, whichever period ends first.
	64.8(2) Renewal of coverage under a general permit. Coverage under a general permit will be renewed subject to the terms and conditions in paragraphs “a” and “b.”
	a. 	If a permittee intends to continue an activity covered by a general permit for which an NOI is required beyond the expiration date of the general permit, the permittee must reapply and submit a complete NOI in accordance with the requirements specified in the applicable general permit.
	b. 	A person holding a general permit is subject to the terms of the permit until either the permit expires, the authorization under the permit expires, or a Notice of Discontinuation is submitted in accordance with 64.6(5).
	(1)	If the person holding a general permit continues the activity beyond the expiration date of the permit and the permit will be reissued, the conditions of the expired general permit will remain in effect provided the permittee submits a complete NOI for coverage as required by the applicable general permit.
	(2)	If the person holding a general permit continues the activity beyond the expiration date of the permit and the general permit will not be reissued or renewed, the discharge must be permitted with an individual NPDES permit according to the procedures in 64.3(4)“a.”
	64.8(3) Continuation of expiring operation and NPDES permits.
	a. 	The conditions of an expired operation or NPDES permit will continue in force until the effective date of a new permit if:
	(1)	The permittee has submitted a timely and complete application under 567—subrule 60.4(2); and
	(2)	The department, through no fault of the permittee, does not issue a new permit with an effective date on or before the expiration date of the previous permit.
	b. 	Operation and NPDES permits continued under this subrule remain fully effective and enforceable.
	c. 	If a permittee is not in compliance with the conditions of the expiring or continued permit, the department may choose to do any of the following:
	(1)	Initiate enforcement action on a permit which has been continued or reissued;
	(2)	Issue a notice of intent to deny a permit under 64.5(1);
	(3)	Reissue a permit with appropriate conditions in accordance with this subrule; or
	(4)	Take other actions authorized by this rule.
[ARC 7625B, IAB 3/11/09, effective 4/15/09; ARC 9365B, IAB 2/9/11, effective 3/30/11; ARC 2482C, IAB 4/13/16, effective 5/18/16; ARC 6191C, IAB 2/9/22, effective 3/16/22]