Idaho Admin. Code r. 58.01.25.600

Current through September 2, 2024

Section 58.01.25.600 - ADMINISTRATIVE RECORDS AND DATA MANAGEMENT

01.Administrative Record for Draft Permits. The provisions of a draft permit prepared by the Department under Subsection 108.01 are based on the administrative record defined in this section.

a. For a draft permit, the record consists of:

i. Application, if required, and any supporting data furnished by the applicant;

ii. Draft permit or notice of intent to deny the application or to terminate the permit;

iii. Fact sheet;

iv. All documents cited in the fact sheet; and

v. Documents contained in the supporting file for the draft permit.

b. Material readily available at the Department or published material generally available, and included in the administrative record under Subsection 600.01, need not be physically included with the rest of the record if specifically referred to in the fact sheet.

c. Applies to draft permits when public notice was given after the effective date of these rules.

02.Administrative Record for Final Permits. The Department will base final permit decisions on the administrative record.

a. The administrative record for a final permit, including issuance, denial, transfer, modification, revocation and reissuance, or termination, will consist of the administrative record for the draft permit and fact sheet, as defined in Subsection 600.01, the proposed permit and associated information, and

i. Comments received during the public comment period provided under Section 109;

ii. Record of, and written materials submitted as part of, meetings held under Section 109;

iii. Application or notice of intent to obtain coverage under a general permit, notice of intent to deny the application, or to terminate the permit, and supporting data furnished by the applicant;

iv. Response to comments required by Subsections 109.02 and 109.03 and new material placed in the record under that section; and

v. Relevant correspondence and documents.

b. The final permit and fact sheet become part of the administrative record after the final permit is issued.

c. The additional documents identified under Subsection 600.02.b., 107.03, and 109.02 will be added to the record as soon as possible after their receipt or publication by the Department. The record is complete on the date the final permit is issued.

d. This subsection applies to all IPDES permits when the draft permit was included in a public notice.

e. Material readily available from the Department or published materials that are generally available and included in the administrative record under Subsection 600.02 or Section 109, need not be physically included in the same file as the rest of the record if it is specifically referred to in the fact sheet or in the response to comments.

03.Electronic Submittals. Information the Department requires to be submitted electronically, with an electronic signature approved by the Department, will become part of the Administrative Record in accordance with Subsections 600.01 and 02.

Idaho Admin. Code r. 58.01.25.600

Effective July 1, 2024