Ariz. Admin. Code § R18-9-C627 - Final Permit Decision and Notification
A. Issuance of a
final permit decision by the Director shall be accompanied by the permit and an
updated fact sheet per
R18-9-C619, if applicable, and a
notification to the applicant and each person who has submitted written
comments or requested notice of the final permit decision. The notice and
hearing procedures are subject to either Title 41, Chapter 6, Article 10, or
Title 49, Chapter 2, Article 7 of the A.R.S.
B. The notice shall include:
1. If applicable, the reasons for the denial,
revocation or termination, including reference to the statutes or rules on
which the decision is based.
2. A
description of the party's right to request a hearing and a reference to the
procedures for appealing the final permit decision, including the number of
days within which an appeal may be filed and the name and telephone number of
the Department contact person who can answer questions regarding the appeals
process.
3. A reference to the
applicant's right to request an informal settlement conference under A.R.S.
§
41-1092.06.
C. If the final permit decision is based on a
determination by the Director that the applicable criteria under
R18-9-A606 are not satisfied, then
that determination may be included as part of the appeal.
D. The final permit decision shall take
effect 30 days after its issuance in accordance with the notification
requirements of subsection A of this Section unless stayed pursuant to Title
41, Chapter 6, Article 10, or Title 49, Chapter 2, Article 7 of the
A.R.S.
E. If, under this Article,
the issuance, modification, or revocation and reissuance of a permit
necessitates a new aquifer exemption or enlargement of a previously approved
aquifer exemption, then the issuance, modification, or revocation and
reissuance of the permit is appealable, but shall not become effective unless
the new aquifer exemption or enlargement of the previously approved aquifer
exemption has been approved by the Administrator.
F. If, under this Article, the issuance,
modification, or revocation and reissuance of a permit necessitates an
injection depth waiver pursuant to
R18-9-J670 of this Article then
the issuance, modification, or revocation and reissuance of the permit is
appealable, but shall not become effective until the Director is in receipt of
written concurrence from the Administrator.
Notes
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