Section 3-9 - Application Processing Procedures (a) All individual permit applications will be processed in the following manner. - (i) The Administrator shall review each application or resubmittal within sixty (60) days from the date the application or resubmittal is received.
- (ii) Incomplete applications will be processed in the following manner:
- (A) Additional information shall be requested in detail or the application may be returned to the applicant. Incomplete permit applications will result in permit denial;
- (B) If an application is denied because of incompleteness necessitating a request for additional information, the applicant shall have a maximum of six (6) months to comply with the request. If the applicant fails to provide the requested information within that period, the entire incomplete application shall be returned; and
- (C) Resubmittal of information by an applicant on an incomplete application will be processed as described in this section.
- (iii) All plans and specifications must meet or exceed minimum design standards and these regulations. Applications for modification of existing facilities permitted by the Division to increase capability to treat, hold, or dispose of wastes may be approve requiring only the modification to meet minimum design standards if the existing facility is not in violation of applicable regulations. Facilities not in compliance will require modifications to other portions of the facility to bring the facility into compliance with applicable regulations. Other modifications will be allowed if minimum standards for the modification are met.
- (iv) Each application must be submitted with all supporting data necessary for review. Processing of the application with respect to recommendations or required changes will be done in accordance with the provisions of applicable statutes, rules and regulations of the Administrator.
- (v) The Administrator shall promptly notify the applicant in writing of all actions taken on the application. If the conditions of the permit are different from the proposed application submitted by the applicant for review, the notification shall include reasons for the changes made.
- (vi) If, upon review of an application, the Administrator determines that a permit is not required under the Environmental Quality Act, the Administrator shall notify the applicant of this determination in writing. Such notation shall constitute final action on the application.
- (vii) The Administrator may provide opportunity for public comment and hold a public meeting prior to recommending permit approval where the Administrator determines that significant public interest exists with respect to permit issuance requirements of Section 14(a) of this chapter.
- (viii) If upon review of an application, the Director determines that a permit should not be granted, the Director shall notify the applicant in writing of the permit denial and state the reasons for denial.
- (ix) If the applicant is dissatisfied with the conditions or denial of any permit issued by the Director, the applicant may request a hearing in accordance with Section 14 of this chapter.
- (x) Interested persons may appeal the issuance of the individual permit in accordance with the Department of Environmental Quality Rules of Practice and Procedure.
(b) All applications for coverage under a general permit will be processed in the following manner: - (i) The installation, construction, modification or operation shall not commence until written notification of coverage under the general permit has been received from the department;
- (ii) The department may require any applicant to obtain an individual permit for the facility when a review of the information submitted indicates that a general permit would not be protective of surface or groundwater standards and public health. Any person covered by a general permit may at any time apply for and obtain an individual permit. Once issued, an individual permit will replace coverage by the general permit for that facility;
- (iii) The department shall take action on each general permit application or resubmittal within sixty (60) days from the date the application or resubmittal is received; and
- (iv) Interested persons may appeal the decision regarding coverage under the general permit in accordance with the Department of Environmental Quality Rules of Practice and Procedure.