.08 Late Applications and Delays in Acting on Applications.

A. The Department does not issue retroactive permits for sources which are constructed, modified, or operated before being covered by a valid permit or approval. Processing and evaluation of late applications follow the requirements of this chapter and COMAR 26.11.03. In determining the appropriate penalty to seek in an administrative or judicial enforcement action, the Department shall consider, among other things:

(1) The length of time that a source was not permitted;

(2) Whether the person responsible for the source had actual or constructive knowledge of the requirements of this chapter and COMAR 26.11.03; and

(3) Whether and to what extent the source was in violation of the other applicable requirements of the State air pollution control law or of the Clean Air Act.

B. As required by the Clean Air Act and State Government Article, §10-226(b), Annotated Code of Maryland, continued operation of a source pending final action on an application for the renewal of a State permit to operate or a Part 70 permit is not by itself a basis for administrative or judicial enforcement action if the source has submitted a timely and complete application and is in compliance with the prior State permit to operate or Part 70 permit. This protection ceases to apply if, subsequent to a timely submission of a complete application, the applicant fails to submit by the deadline specified in writing by the Department any additional information identified as being needed to process the application.