Current through December 26, 2024
Section 250-RICR-150-10-1.38 - Draft PermitsA. All draft permits shall be issued in accordance with this section.B. Once an application is complete the Department shall tentatively decide whether to prepare a draft permit, or deny the application.C. If the Department tentatively decides to deny a permit application, a notice of intent to deny shall be issued. Notice of intent to deny the permit application is a type of draft permit which follows the same procedures as any draft permit prepared under this section. If the Department's final decision is that the tentative decision to deny the permit application was incorrect, the notice of intent to deny shall be withdrawn and the Department shall proceed to prepare a draft permit under § 1.38(E) of this Part.D. If the Department tentatively decides to issue a general permit, the Department shall prepare a draft general permit under § 1.38(E) of this Part.E. If the Department decides to prepare a draft permit, the permit shall contain the following information: 1. All conditions under 40 C.F.R. § 122.41 - 122.43, incorporated above at § 1.3(B) of this Part.2. All conditions under §§ 1.14, 1.15, 1.16, and 1.17 of this Part.3. All monitoring requirements under §§ 1.15, 1.16, and 1.17 of this Part.4. All variances under §§ 1.57 through 1.60 of this Part.5. All effluent limitations, standards, prohibitions and conditions under 40 C.F.R. § 122.44, incorporated above at § 1.3(B) of this Part and the Rhode Island Pretreatment Regulations, Part 2 of this Subchapter.F. All draft permits prepared under this section shall be accompanied by a statement of basis or fact sheet and shall be based on the administrative record publicly noticed and made available for public comment. The Department shall give notice of opportunity for a public hearing, issue a final decision and respond to comments. For RIPDES permits, an appeal may be taken under § 1.50 of this Part.250 R.I. Code R. 250-RICR-150-10-1.38