01.
Application Submittal. The
owner and operator shall submit three (3) copies of each required application
to the Department. The owner and operator may submit applications for siting,
design, operation, or ground water monitoring approval sequentially or
concurrently. (3-24-22)
02.
Preapplication Conference. The owner or operator may request that
the Department convene a preapplication conference with any interested federal,
state and local entities to discuss the approval procedures, application
content, time tables for application processing, siting and design
requirements. (3-24-22)
03.
Application Review. (3-24-22)
a.
On receipt of an application the Department shall, within thirty (30) days,
notify the owner and operator in writing whether the submission is complete and
whether the application identifies an appropriate Tier level. The notice shall
identify any deficiencies in the application, and the information relied upon
in making the determination, and shall state that an applicant may submit
additional information in the form of an amended application, withdraw the
application or request a conference to discuss the Department's determination.
(3-24-22)
b. Upon receipt of the
Department's determination that a siting application is complete, the owner and
operator shall publish a notice in a newspaper of general circulation as
determined in Section
31-819, Idaho Code, in the county
and the immediate vicinity of the proposed facility and shall also provide
notice to local government. The notice shall include the name and location of
the proposed facility, a general description of the proposed operations, the
location where the application may be reviewed, and instructions directing the
public to submit comments to the Department within thirty (30) days of the date
of publication. The owner and operator shall provide a copy of the published
notice and notice to local government to the Department within five (5)
business days of publication. (3-24-22)
c. The Department shall approve, deny, or
approve with conditions each application. Failure to issue a decision within
the stated time shall be deemed approval. Approval conditions shall relate to
protection of human health and the environment as required in these rules.
(3-24-22)
i. For a siting application, the
Department shall notify the owner and operator in writing of the Department's
decision within thirty (30) days of the date of the close of the public comment
period. The Department and the owner and operator may agree, in writing to a
longer period of time for the Department's determination. Design, Operating and
Ground Water Monitoring Applications shall not be reviewed until the Siting
Application is approved. (3-24-22)
ii. For the Design, Operating and Ground
Water Monitoring applications, the Department shall notify the owner and
operator in writing of the Department's decision within sixty (60) days from
the date the application is determined to be complete.
(3-24-22)
d. If the
Department denies an application, the written decision shall state the basis
for the denial, and the information relied upon in making the determination.
(3-24-22)
04.
Application Valid for Two Years. Unless otherwise stated in the
Department's approval of the facility's application, the Department's approval
shall become invalid if the owner and operator fail to begin construction
within two (2) years from the date of approval, or if after construction has
begun, work is suspended for more than two (2) years. Owners and operators may
apply for an extension provided that the written request is received by the
Department no less than one (1) month prior to expiration of the approval.
Within fifteen (15) days from Department receipt of extension request, the
Department shall approve the extension request or deny the extension request
and state the basis for denial. (3-24-22)
