(1) Permit orders
may be contested by filing and serving a written Petition for Review as
provided in
R305-7-104(5).
(2) Any Petition for Review shall
meet all of the requirements of UAPA, Section
63G-4-201(3)(a) and (3)(b), and the requirements of Section
19-1-301.5.
See Section
19-1-301.5(6)(d).
(3) A Petition for Review shall be
in writing, shall be signed by the person making the Petition for Review, or by
that person's representative, and shall include:
(a) the names and addresses of all persons to
whom a copy of the Petition for Review is being sent;
(b) the Director's file number or other
reference number, if known;
(c)
the date that the Petition for Review was mailed;
(d) a statement of the legal authority and
jurisdiction under which review is requested;
(e) a statement of petitioner's position,
including as applicable:
(i) the legal
authority under which the Petition for Review is requested;
(ii) the legal authority under which the
Executive Director has jurisdiction to review the Petition for Review;
(iii) each of the petitioner's
arguments in support of the petitioner's requested relief;
(iv) an explanation of how each argument
described in Section
19-1-301.5(6)(d)(v)(D) was preserved;
(v) a detailed
description of any permit condition to which the petitioner is objecting;
(vi) any modification or addition
to a permit that the petitioner is requesting;
(vii) a demonstration that the Director's
permit decision is based on a finding of fact or conclusion of law that is
clearly erroneous;
(viii) if the
Director addressed a finding of fact or conclusion of law described in Section
19-1-301.5(6)(d)(v)(G) in a response to public comment, a citation to the comment and response that
relates to the finding of fact or conclusion of law and an explanation of why
the Director's response was clearly erroneous or otherwise warrants review; and
(ix) a claim for relief.
(4) It is
not sufficient under Section
63G-4-201(3) to file and serve a general statement of disagreement, a reservation of rights
to serve a Petition for Review, or a request to have the matter heard.
(5) To be timely, a Petition for
Review to contest a Permit Order shall be, within 30 days of the date the
Permit Order being challenged was issued:
(a)
received for filing by the Administrative Proceedings Records Officer at the
address specified in
R305-7-104(4)(c)
of this Rule;
(b) received by the
Director at the address specified in Part 6; and
(c) served as provided in
R305-7-104(2),
(4) and (5).
(6) Failure to file a Petition for Review
within the period specified in
R305-7-104(5)
waives any right to contest the permit order or to seek judicial review.
