40 CFR 122.6 - Continuation of expiring permits

Cite as40 CFR 122.6
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49 practice notes
  • National Pollutant Discharge Elimination System (NPDES): Applications and Program Updates
    • United States
    • Federal Register May 18, 2016
    • May 18, 2016
    ...new permit). This is often referred to as ``administrative continuance.'' These state laws, like the corresponding federal provisions in 40 CFR 122.6 and the federal Administrative Procedure Act (APA) at 5 U.S.C. 558(c), aim to protect a permittee that has submitted a timely and complete ap......
  • 791 F.Supp. 769 (W.D.Ark. 1992), Civ. 91-2203, Arkansas Wildlife Federation v. Bekaert Corp.
    • United States
    • Federal Cases United States District Courts 8th Circuit Western District of Arkansas
    • April 13, 1992
    ...for outfalls 001 and 002. The applicable regulations state that a permit remains in effect until the effective date of a new permit. 40 C.F.R. § 122.6. The Administrator of the EPA authorized the Arkansas Department of Pollution Control and Ecology (ADPC & E) pursuant to 33 U.S.C. § 134......
  • 579 F.Supp. 1528 (D.N.J. 1984), Civ. A. 83-1605, Student Public Interest Research Group of New Jersey, Inc. v. Fritzsche, Dodge & Olcott, Inc.
    • United States
    • Federal Cases United States District Courts 3th Circuit United States District Courts. 3th Circuit. District of New Jersey
    • February 14, 1984
    ...regulations to the Act establish that the conditions of an expired permit continue in force until the effective date of a new permit, 40 C.F.R. § 122.6(a) (1983), and such "continued" permits "remain fully effective and enforceable." 40 C.F.R. § 122.6(b) (1983). Thus, ev......
  • 859 F.2d 156 (D.C. Cir. 1988), 80-1607, Natural Resources Defense Council, Inc. v. U.S. E.P.A.
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (District of Columbia)
    • September 20, 1988
    ...agency. 5 U.S.C. Sec. 558(c). EPA has promulgated a regulation aimed at structuring the application of Sec. 9(b) to NPDES permits. 40 C.F.R. Sec. 122.6(a) provides When EPA is the permit-issuing authority, the conditions of an expired permit continue in force under 5 U.S.C. Sec. 558(c) unti......
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28 cases
  • 791 F.Supp. 769 (W.D.Ark. 1992), Civ. 91-2203, Arkansas Wildlife Federation v. Bekaert Corp.
    • United States
    • Federal Cases United States District Courts 8th Circuit Western District of Arkansas
    • April 13, 1992
    ...for outfalls 001 and 002. The applicable regulations state that a permit remains in effect until the effective date of a new permit. 40 C.F.R. § 122.6. The Administrator of the EPA authorized the Arkansas Department of Pollution Control and Ecology (ADPC & E) pursuant to 33 U.S.C. § 134......
  • 579 F.Supp. 1528 (D.N.J. 1984), Civ. A. 83-1605, Student Public Interest Research Group of New Jersey, Inc. v. Fritzsche, Dodge & Olcott, Inc.
    • United States
    • Federal Cases United States District Courts 3th Circuit United States District Courts. 3th Circuit. District of New Jersey
    • February 14, 1984
    ...regulations to the Act establish that the conditions of an expired permit continue in force until the effective date of a new permit, 40 C.F.R. § 122.6(a) (1983), and such "continued" permits "remain fully effective and enforceable." 40 C.F.R. § 122.6(b) (1983). Thus, ev......
  • 859 F.2d 156 (D.C. Cir. 1988), 80-1607, Natural Resources Defense Council, Inc. v. U.S. E.P.A.
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (District of Columbia)
    • September 20, 1988
    ...agency. 5 U.S.C. Sec. 558(c). EPA has promulgated a regulation aimed at structuring the application of Sec. 9(b) to NPDES permits. 40 C.F.R. Sec. 122.6(a) provides When EPA is the permit-issuing authority, the conditions of an expired permit continue in force under 5 U.S.C. Sec. 558(c) unti......
  • Southern Appalachian Mountain Stewards v. Red River Coal Company, Inc., 033021 FED4, 19-2194
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (4th Circuit)
    • March 30, 2021
    ...permit may continue past its expiration date until the renewed permit's effective date "if State law allows." 40 C.F.R. § 122.6(d)(1). And Virginia state law allows that continuation under conditions that both parties agree Red River has satisfied. See 9 V......
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21 provisions

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