Ariz. Admin. Code § 18-9-C627

Current through Register Vol. 30, No. 50, December 13, 2024

Section R18-9-C627 - Final Permit Decision and Notification

A. Issuance of a final permit decision by the Director shall be accompanied by the permit and an updated fact sheet per R18-9-C619, if applicable, and a notification to the applicant and each person who has submitted written comments or requested notice of the final permit decision. The notice and hearing procedures are subject to either Title 41, Chapter 6, Article 10, or Title 49, Chapter 2, Article 7 of the A.R.S.

B. The notice shall include:

1. If applicable, the reasons for the denial, revocation or termination, including reference to the statutes or rules on which the decision is based.

2. A description of the party's right to request a hearing and a reference to the procedures for appealing the final permit decision, including the number of days within which an appeal may be filed and the name and telephone number of the Department contact person who can answer questions regarding the appeals process.

3. A reference to the applicant's right to request an informal settlement conference under A.R.S. § 41-1092.06.

C. If the final permit decision is based on a determination by the Director that the applicable criteria under R18-9-A606 are not satisfied, then that determination may be included as part of the appeal.

D. The final permit decision shall take effect 30 days after its issuance in accordance with the notification requirements of subsection A of this Section unless stayed pursuant to Title 41, Chapter 6, Article 10, or Title 49, Chapter 2, Article 7 of the A.R.S.

E. If, under this Article, the issuance, modification, or revocation and reissuance of a permit necessitates a new aquifer exemption or enlargement of a previously approved aquifer exemption, then the issuance, modification, or revocation and reissuance of the permit is appealable, but shall not become effective unless the new aquifer exemption or enlargement of the previously approved aquifer exemption has been approved by the Administrator.

F. If, under this Article, the issuance, modification, or revocation and reissuance of a permit necessitates an injection depth waiver pursuant to R18-9-J670 of this Article then the issuance, modification, or revocation and reissuance of the permit is appealable, but shall not become effective until the Director is in receipt of written concurrence from the Administrator.

Ariz. Admin. Code § R18-9-C627

New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.