Current through August 31, 2023
Section 58.01.25.600 - ADMINISTRATIVE RECORDS AND DATA MANAGEMENT01.Administrative Record for Draft Permits. (3-24-22) a. The provisions of a draft permit prepared by the Department under Subsection 108.01 shall be based on the administrative record defined in this section. (3-24-22)b. For preparing a draft permit, the record shall consist of: (3-24-22)i. The application, if required, and any supporting data furnished by the applicant; (3-24-22)ii. The draft permit or notice of intent to deny the application or to terminate the permit; (3-24-22)iii. The fact sheet; (3-24-22)iv. All documents cited in the fact sheet; and (3-24-22)v. Other documents contained in the supporting file for the draft permit. (3-24-22)c. Material readily available at the Department or published material that is generally available, and that is included in the administrative record under Subsection 600.01, need not be physically included with the rest of the record as long as it is specifically referred to in the fact sheet. (3-24-22)d. This subsection applies to all draft permits when public notice was given after the effective date of these rules. (3-24-22)02.Administrative Record for Final Permits. (3-24-22) a. The Department shall base final permit decisions on the administrative record defined in this section. (3-24-22)b. The administrative record for any final permit, including issuance, denial, transfer, modification, revocation and reissuance, or termination shall consist of the administrative record for the draft permit and fact sheet, as defined in Subsection 600.01, the proposed permit and associated information, and the following: (3-24-22) i. All comments received during the public comment period provided under Section 109 (Public Notification and Comment); (3-24-22)ii. The record of, and any written materials submitted as part of, any meeting(s) held under Section 109 (Public Notification and Comment); (3-24-22)iii. The application or notice of intent to obtain coverage under a general permit, notice of intent to deny the application, or to terminate the permit, and any supporting data furnished by the applicant; (3-24-22)iv. The response to comments required by Subsections 109.02 and 109.03 and any new material placed in the record under that section; and (3-24-22)v. Any other relevant correspondence and documents. (3-24-22)c. The final permit and fact sheet shall become part of the administrative record after the final permit is issued. (3-24-22)d. The additional documents identified under Subsection 600.02.b., 107.03, and 109.02 should be added to the record as soon as possible after their receipt or publication by the Department. The record shall be complete on the date the final permit is issued. (3-24-22)e. This subsection applies to all IPDES permits when the draft permit was included in a public notice. (3-24-22)f. Material readily available from the Department or published materials which are generally available and which are included in the administrative record under Subsection 600.02 or Section 109 (Public Notification and Comment), need not be physically included in the same file as the rest of the record as long as it is specifically referred to in the fact sheet or in the response to comments. (3-24-22)03.Electronic Submittals. Any information which the Department requires to be submitted electronically, with an electronic signature approved by the Department, will become part of the Administrative Record in accordance with Subsections 600.01 and 02. (3-24-22)Idaho Admin. Code r. 58.01.25.600