7 Del. Admin. Code § 7102-3.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 7102-3.0 - Purpose and scope

3.1 Part 124 (Sections 3.0-19.0) contains DNREC procedures for issuing, modifying, revoking and reissuing, or terminating all UIC permits. UIC Rule Authorization letters are not "permits."

3.2 This Part contains general procedural requirements applicable to all permit programs covered by these regulations. This Part describes the steps the Department will follow in receiving and reviewing permit applications, preparing draft permits, issuing public notices, inviting public comment, and holding public hearings on draft permits. This Part also sets out procedures for assembling an administrative record, responding to comments, issuing a final permit decision, and allowing for administrative appeals of final permit decisions.

3.3 This Part offers an opportunity for public hearings (see 7 Del. C. § 6006).

3.4 This Part is designed to allow permits for a given facility under two or more of the listed programs to be processed separately or together at the discretion of the Department. This allows DNREC to combine the processing of permits when, in the Department's judgment, combined processing is appropriate and not necessarily in all cases. The Department may consolidate permit processing when the permit applications are submitted, when draft permits are prepared, or when final permit decisions are issued. This part also allows consolidated permits to be subject to a single public hearing under 7 Del. C. § 6006, Public Hearings. Permit applicants may request that their applications should be consolidated in any given case, but such decision remains within the Department's discretion.

3.5 To coordinate decision-making when different permits will be issued by EPA and DNREC programs, this part allows applications to be jointly processed, joint comment periods and hearings to be held, and final permits to be issued on a cooperative basis whenever EPA and DNREC agree to take such steps in general or in individual cases. These joint processing agreements may be provided in a future Memorandum of Agreement.

7 Del. Admin. Code § 7102-3.0

21 DE Reg. 978 (6/1/2018) (Final)