(1) After the close of the public comment period under ARM 17.30.1372, the department will issue a final permit decision. The department will notify the applicant and each person who has submitted written comments or requested notice of that decision for contesting the decision. The notice must include reference to the procedures for appealing the decision. For the purpose of this rule, a final permit decision means a final decision to issue, deny, modify, revoke and reissue, or terminate a permit.

(2) A final permit decision is effective 30 days after the service of notice of the decision under (1) unless:

(a) a later effective date is specified in the decision, or an appeal is filed pursuant to these rules;

(b) a stay is granted pursuant to ARM 17.30.1379; or

(c) no comments requested a change in the draft permit, in which case the permit is effective immediately upon issuance.

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