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.

History: 75-5-201, 75-5-401, MCA; IMP, 75-5-401, MCA; NEW, 1989 MAR p. 2060, Eff. 12/8/89; AMD, 1992 MAR p. 1241, Eff. 6/12/92; TRANS, from DHES, 1996 MAR p. 1499.