Idaho Administrative Code
Title IDAPA 58 - Environmental Quality, Department of
Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM
Section 58.01.25.205 - CONTESTED PERMIT CONDITIONS

Universal Citation: ID Admin Code 58.01.25.205

Current through August 31, 2023

01. Force and Effect of Conditions. As provided in Subsection 206.01, if an appeal of a permit decision is filed under Section 204 (Appeals Process), the force and effect of the contested conditions of the permit are stayed until final Department action. The Department must notify the discharger and all interested parties of the uncontested conditions of the permit that are enforceable obligations of the discharger in accordance with Subsection 206.01.c. (3-24-22)

02. Control Technologies. When effluent limitations are contested, but the underlying control technology is not, the notice must identify the installation of the technology in accordance with the permit compliance schedules as an uncontested, enforceable obligation of the permit. (3-24-22)

03. Combination of Technologies. When a combination of technologies is contested, but a portion of the combination is not contested, that portion must be identified as uncontested if compatible with the combination of technologies proposed by the requester. (3-24-22)

04. Inseverable Conditions. Uncontested conditions, if inseverable from a contested condition, must be considered contested. (3-24-22)

05. Enforceable Dates. Uncontested conditions become enforceable thirty (30) days after the date of notice under Subsection 205.01. (3-24-22)

06. Uncontested Conditions. Uncontested conditions include: (3-24-22)

a. Preliminary design and engineering studies or other requirements necessary to achieve the final permit conditions which do not entail substantial expenditures; and (3-24-22)

b. Permit conditions which will have to be met regardless of the outcome of the appeal under Section 204 (Appeals Procedure). (3-24-22)

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