Section 58.01.25.107 - DECISION PROCESSAfter 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)Idaho Admin. Code r. 58.01.25.107