Utah Admin. Code R317-16-4 - Operations Application Procedures
(1) The operator shall request a pre-filing
meeting with the division and with FFSL at least 30 days before submitting an
application for operator certification approval. The division and FFSL may
jointly waive or shorten the requirement for a pre-filing meeting
request.
(2) The operator shall
submit an application for operator certification approval simultaneously with
the application to FFSL pursuant to Subsection
65A-6-4(6)(b)(iii).
(3) Applications for operator certification
approval shall be submitted on the form provided by the division. Unless
extended in writing by the division, the operator must obtain all information
submitted with the application within one year of filing the application.
(4) The operator shall submit a
UPDES application simultaneously with the application for operator
certification approval. UPDES permit approval is not a certification decision.
The director shall issue a certification decision separate from a UPDES
permit.
(5) Within 45 days of
receiving the application for operator certification approval, the division
will notify the operator whether the application is complete. If an application
is incomplete, the division shall notify the operator of the missing
information.
(a) An operator may submit the
missing information within 45 days after the division's notice of
incompleteness.
(b) The division
may administratively deny an incomplete application not remedied within 45
days, and the operator must resubmit a new application for operator
certification approval.
(6) The operator shall notify the director in
writing of changes that may affect the application for operator
certification.
(7) If an operator
who is required to obtain an operator certification approval fails to do so,
the director may process an application for operator certification approval
after-the-fact. An application after-the-fact shall be reviewed under the same
standards as a timely application for operator certification approval. The
director may require full restoration or other actions as a precondition of
processing the application. An operator submitting an after-the-fact
application shall have the burden of proving what the original baseline
conditions were, and an application may be denied in the absence of such
proof.
(8) The operator is
responsible for payment of hourly fees, established pursuant to Subsection
19-1-201(6)(i).
The operator shall submit a fee retainer, specified in the application form,
together with its application for certification approval. The division will not
begin review of the application for certification approval until it has
received the fee retainer. The division will invoice the operator on a routine
basis, and may stop review of the application for nonpayment.
Notes
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