Current through September 2, 2024
Section 58.01.25.205 - CONTESTED PERMIT CONDITIONS01.Force and Effect of Conditions. As provided in Subsection 206.01, if an appeal of a permit decision is filed under Section 204, the force and effect of the contested conditions of the permit are stayed until final Department action. The Department will notify the discharger and interested parties of the uncontested conditions of the permit that are enforceable obligations of the discharger in accordance with Subsection 206.01.c.02.Control Technologies. When effluent limitations are contested, but the underlying control technology is not, the notice will identify the installation of the technology in accordance with the compliance schedules as an uncontested, enforceable obligation of the permit.03.Combination of Technologies. When a combination of technologies is contested, but a portion of the combination is not contested, that portion must be identified as uncontested if compatible with the combination of technologies proposed by the requester.04.Inseverable Conditions. Uncontested conditions, if inseverable from a contested condition, must be considered contested.05.Enforceable Dates. Uncontested conditions become enforceable thirty (30) days after the date of notice under Subsection 205.01.06.Uncontested Conditions. Uncontested conditions include: a. Preliminary design and engineering studies or other requirements necessary to achieve the final permit conditions that do not entail substantial expenditures; andb. Permit conditions that must be met regardless of the outcome of the appeal under Section 204.Idaho Admin. Code r. 58.01.25.205