Current through August 31, 2023
Section 58.01.17.400 - APPLICATION PROCESSING01.Submittal. New facilities must submit applications at least one hundred eighty (180) days before beginning reuse activities. Existing facilities applying for permit renewals must submit an application at least one hundred eighty (180) days before the existing permit expires. (4-6-23)02.Completeness. (4-6-23) a. If the Department determines the application is complete, the Department will provide written notice to the applicant within thirty (30) days after receiving the application, specifying the effective date of application. (4-6-23)b. After the application is complete, the Department or applicant may initiate a consultation to clarify, modify, or supplement the application. (4-6-23)c. If the application is incomplete, the Department will provide written notice to the applicant within thirty (30) days after receiving the application, specifying the deficiencies and requesting additional information. The Department will not process an application until it is complete according to these rules. (4-6-23)03.Preliminary Decision/Application Denial. Within thirty (30) days of the effective date of the application, the Department will issue a written preliminary decision to prepare a draft permit or a written decision denying the application. (4-6-23)04.Staff Analysis. The staff analysis states the facts considered when preparing the draft permit conditions, or intent to deny, and summarizes the basis for draft conditions or denial with references to applicable requirements and supporting materials. The Department will provide the staff analysis with the draft permit issuance or with the written decision denying the application. (4-6-23)05.Draft Permit. (4-6-23)a. The Department will issue a draft permit within sixty (60) days of issuing a preliminary decision to prepare a draft permit. The draft permit specifies the conditions of operation and management necessary for issuing the permit. (4-6-23)b. The Department will provide a public notice for the draft permit. The notice specifies the time and manner that the public may provide written comments. The Department may offer an opportunity for oral comments. (4-6-23)06.Final Permit. The Department will issue a written final permit decision to the applicant within sixty (60) days from the issuance of the draft permit, except the Department may issue the decision at a later date in response to a written request to extend the public comment period. (4-6-23)07.Effective Date. The final permit becomes effective upon date of issue unless a later effective date is specified in the permit. (4-6-23)08.Expiring Permits. (4-6-23) a. The Department may administratively extend the terms and conditions of an expired permit pursuant to Section 67-5254, Idaho Code, provided a complete permit renewal application is submitted prior to the current permit expiration. (4-6-23)b. A permittee must operate under the terms of the administratively extended permit until a new permit is issued. (4-6-23)Idaho Admin. Code r. 58.01.17.400