(1) The department shall, within 30 days of receipt of a completed application, notify
the applicant, the federal permitting or licensing agency, and the regional
administrator of its tentative determination to either issue, issue with
conditions, or deny certification. If
the department does not notify the applicant of a tentative determination
within 30 days after the application is determined to be complete, the
department is deemed to have waived certification.
(2) The
department's tentative determination must be in writing and shall explain the
reasons for denying, issuing, or conditionally issuing certification.
(3) Notification
of the department's tentative determination must include:
(a) the name and address of the applicant; and
(b) a statement that the department has either:
(i) examined the complete application, specifically identifying the number or code affixed
to the application, and based its determination upon an evaluation of the
information contained in the application that is relevant to water quality; or
(ii) examined the application and other information furnished by the applicant sufficient to
permit the department to reach its decision.
(4) If a tentative issue of certification or conditional certification is made, the
notification must also contain:
(i) a statement that there is reasonable assurance the facility's or activity's
construction and operation will not result in a violation of effluent limits or
water quality standards; and
(ii) a statement of conditions which the department deems necessary for allowing the
discharge, including necessary monitoring requirements. Necessary monitoring requirements include,
but are not limited to:
(A) at least 7 days prior to the beginning of the discharge, the applicant shall
notify the department of intent to commence the discharge;
(B) within 7 days after the completion of the discharge, the applicant shall notify the
department of the completion; and
(C) the applicant shall allow the department reasonable entry and access to the
discharge site in order to inspect the discharge for compliance with the
certification requirements applicable to the facility or activity.
(5) If the department denies certification, the notification of tentative
determination must include a statement explaining why the activity or permit
will result in discharge of pollutants to state waters and detailing the
effluent limits or water quality standards that will be violated.
(6) Where a notice is issued by the department under ARM 17.30.108, the notification of
tentative determination must include a statement that, unless a written request
for a hearing is filed with the department within 15 days after publication of
public notice, the department's decision will become final without public
hearing.
(7) The notification may also include other information as the department determines to
be appropriate.