Current through August 31, 2023
After the Department has determined that a permit application
is complete the Department will decide whether to tentatively deny the
application, or prepare an IPDES draft permit. (3-24-22)
01.
Application Denial. If the
Department decides to tentatively deny the application: (3-24-22)
a. A notice of intent to deny the permit
application shall be issued. A notice of intent to deny the permit application
is a type of draft permit which follows the same procedures as any draft permit
and shall be made available for public comment, and the Department shall give
notice of opportunity for a public meeting, as specified in Section
109 (Public Notification and
Comment); (3-24-22)
b. The
Department shall generate a response to public comment; and (3-24-22)
c. Issue a final decision. The final decision
may: (3-24-22)
i. Be to withdraw the notice
of intent to deny the application, and proceed to prepare a draft permit and
fact sheet as defined in Section
108 (Draft Permit and Fact Sheet);
or (3-24-22)
ii. Confirm the
decision to deny the application. (3-24-22)
d. The applicant may appeal the final
decision to deny the application by adhering to the requirements of Section
204 (Appeals Process).
(3-24-22)
02.
Draft
Permit. If the Department decides to generate a draft permit and fact
sheet it will comply with Section
108 (Draft Permit and Fact Sheet).
(3-24-22)
a. Upon completion of the draft
permit and fact sheet the Department shall issue a public notification as
required in Subsection
109.01. (3-24-22)
b. An opportunity for the public to comment
and request a public meeting shall be provided. (3-24-22)
c. The Department shall generate a response
to public comment as stipulated in Subsection
109.03.
(3-24-22)
03.
Proposed Permit. After the close of the public comment period on a
draft permit, the Department will make appropriate changes in response to
comments, and generate a proposed permit and fact sheet. (3-24-22)
04.
Final Permit. After the
close of the public comment period on a draft permit, and after receipt of
comments on the proposed permit, if any, from EPA, the Department shall issue a
final permit decision and fact sheet. A final permit decision means a final
decision to issue, deny, modify, revoke and reissue, or terminate a permit.
(3-24-22)
a. The Department shall notify the
applicant and each person who has submitted written comments or requested
notice of the final permit decision. (3-24-22)
b. A final permit decision shall become
effective twenty-eight (28) days after the service of notice of the decision
unless: (3-24-22)
i. A later effective date is
specified in the decision; or (3-24-22)
ii. A Petition for Review is filed with the
Department as specified in Section
204 (Appeals Process).
(3-24-22)
