Whenever the Department decides that an individual permit should be required for certain Concentrated Animal Feeding Operations (§ 1.28 of this Part), Concentrated Aquatic Animal Production Facilities (§ 1.29 of this Part), Separate Storm Sewers (§ 1.32 of this Part) and certain other facilities covered by a General Permit (§ 1.33 of this Part), the Department shall notify the discharger in writing of the reasons for that decision and shall include an application form in such notice. The discharger shall apply for a permit within 60 days of such notice. The question whether the initial designation was proper will remain open for consideration during the public comment period and in any subsequent hearing.
250 R.I. Code R. 250-RICR-150-10-1.55