Mont. Admin. R. 17.30.1370 - DRAFT PERMITS
(1) Once an
application is complete, the department shall tentatively decide whether to
prepare a draft permit or to deny the application.
(2) If the department tentatively decides to
deny the permit application, it shall issue a notice of intent to deny. A
notice of intent to deny the permit application is a type of draft permit which
follows the same procedures as any draft permit prepared under this rule. See
(5). If the department's final decision (ARM
17.30.1378 ) is that the tentative
decision to deny the permit application was incorrect, it shall withdraw the
notice of intent to deny and proceed to prepare a draft permit under
(3).
(3) If the department decides
to prepare a draft permit, it shall prepare a draft permit that contains the
following information:
(a) all conditions
under ARM 17.30.1342;
(b) all compliance schedules under ARM
17.30.1350;
(c) all monitoring requirements under ARM
17.30.1351; and
(d) effluent limitations, standards,
prohibitions and conditions under ARM 17.30.1342, 17.30.1343, and
17.30.1344.
(4) All
draft permits prepared by the department under this rule must be accompanied by
a fact sheet, if required by ARM
17.30.1371, and must be publicly
noticed (ARM
17.30.1372 ) and made available
for public comment (ARM
17.30.1373 ). The department shall
give notice of opportunity for a public hearing (ARM
17.30.1374 ), issue a final
decision (ARM
17.30.1378 ), and respond to
comments (ARM
17.30.1377 ). An appeal may be
taken in accordance with
75-5-403, MCA. The applicant must
submit a written request for hearing within 30 days of receiving the
department's final decision.
(5) A
statement of basis must be prepared for every draft permit for which a fact
sheet is not prepared. The statement of basis must briefly describe the
derivation of the conditions of the draft permit and the reasons for them or,
in the case of notices of intent to deny or terminate, reasons supporting the
tentative decision. The statement of basis must be sent to the applicant and,
on request, to any other person.
Notes
75-5-201, 75-5-401, MCA; IMP, 75-5-401, MCA;
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