Idaho Admin. Code r. 58.01.25.107

Current through September 2, 2024

Section 58.01.25.107 - DECISION PROCESS

After the Department has determined a permit application is complete, the Department will decide whether to tentatively deny the application, or prepare an IPDES draft permit.

01.Application Denial. If the Department decides to tentatively deny the application:

a. A notice of intent to deny the permit application will be issued. A notice of intent to deny the permit application follows the same procedures as a draft permit and will be made available for public comment. The Department will give notice of opportunity for a public meeting, as specified in Section 109;

b. The Department will generate a response to public comment; and

c. Issue a final decision that may:

i. Withdraw the notice of intent to deny the application, and proceed to prepare a draft permit and fact sheet as defined in Section 108; or

ii. Confirm the decision to deny the application.

d. The applicant may appeal the final decision to deny the application by adhering to the requirements of Section 204.

02.Draft Permit. If the Department decides to generate a draft permit and fact sheet, it will comply with Section 108.

a. Upon completion of the draft permit and fact sheet, the Department will issue a public notification as required in Subsection 109.01.

b. An opportunity for the public to comment and request a public meeting will be provided.

c. The Department will generate a response to public comment as stipulated in Subsection 109.03.

03.Proposed Permit. After the close of the public comment period on a draft permit, the Department will make appropriate changes in response to comments and generate a proposed permit and fact sheet.

04.Final Permit. After the public comment period closes on a draft permit, and after receiving comments on the proposed permit from EPA, the Department will issue a final permit decision and fact sheet. The final permit decision will issue, deny, modify, revoke and reissue, or terminate a permit.

a. The Department will notify the applicant and each person who has submitted written comments or requested notice of the final permit decision.

b. A final permit decision shall become effective twenty-eight (28) days after the service of notice of the decision unless:

i. A later effective date is specified in the decision; or

ii. A Petition for Review is filed with the Department as specified in Section 204.

Idaho Admin. Code r. 58.01.25.107

Effective July 1, 2024