S.D. Admin. R. 74:36:04:13

Current through Register Vol. 51, page 67, December 16, 2024

Section 74:36:04:13 - Final permit decision - Notice to interested persons

The department shall make its final permit decision within 30 days of the end of the public comment period on a draft permit. The department shall notify, in writing, the applicant and each person that submitted written comments or requested notice of the final permit decision. The notice shall include reference to the procedures for contesting the final permit decision and requesting a hearing in accordance with article 74:09. For the purpose of this section, the final permit decision means proposing a permit, denying a permit, or terminating a permit.

The final permit will be issued within 30 days of notifying the applicant and each person that submitted written comments or requested notification of the final permit decision except under the following conditions:

(1) A later effective date is specified in the final permit decision;

(2) A contested case hearing is requested; or

(3) No comments or request for changes in the draft permit were received during the public notice period on the draft permit. In this case, the draft permit automatically becomes the final permit decision and the final permit is issued at the end of the public notice period.

S.D. Admin. R. 74:36:04:13

SL 1975, ch 16, § 1; 2 SDR 40, effective 12/7/1975; transferred from §§ 34:10:01:02, 34:10:01:22.04, 7 SDR 4, effective 7/27/1980; transferred from § 44:10:01:38, effective 7/1/1981; 13 SDR 129, 13 SDR 141, effective 7/1/1987; 14 SDR 50, effective 10/4/1987; 17 SDR 170, effective 5/13/1991; transferred from § 74:26:01:38, 19 SDR 157, effective 4/22/1993; 25 SDR 123, effective 4/4/1999; 36 SDR 207, effective 6/28/2010; 39 SDR 219, effective 6/25/2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21.