Utah Admin. Code R305-7-202 - Notice and Comment and Exhaustion of Remedies
(1) As provided in
19-1-301.5(4),
if a public comment period is provided during the permit application process, a
person who challenges a Permit Order, including the permit applicant, may only
raise an issue or argument during the special adjudicative proceeding that:
(a) the person raised during the public
comment period; and
(b) was
supported with sufficient information or documentation to enable the Director
to fully consider the substance and significance of the issue.
(2) Any supporting materials which
are submitted shall be included in full and may not be incorporated by
reference, unless they are already part of the Administrative Record in the
same proceeding, or consist of state or federal statutes, regulations or rules,
EPA documents of general applicability, or other generally available reference
materials.
(3) The relevance of
and the relevant portions of any supporting materials included with or
incorporated by reference in comments shall be described with reasonable
specificity.
(4) In preparing a
comment response document, the Director may request that the permit applicant
provide information in response to comments received during the public comment
period.
Notes
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