Ariz. Admin. Code § 18-9-B903

Current through Register Vol. 30, No. 45, November 8, 2024

Section R18-9-B903 - Individual Permit Issuance or Denial

A. Once the application is complete, the Director shall tentatively decide whether to prepare a draft permit or to deny the application.

B. Permit issuance. If, based upon the information obtained by or available to the Department under R18-9-A907, R18-9-A908, and R18-9-B901, the Director determines that an applicant complies with A.R.S. Title 49, Chapter 2, Article 3.1 and Articles 9 and 10 of this Chapter, the Director shall issue a permit that is effective as prescribed in A.R.S. 49-255.01(H).

C. Permit denial.

1. If the Director decides to deny the permit application, the Director shall provide the applicant with a written notice of intent to deny the permit application. The written notification shall include:

a. The reason for the denial with reference to the statute or rule on which the denial is based;

b. The applicant's right to appeal the denial with the Water Quality Appeals Board under A.R.S. § 49-323, the number of days the applicant has to file a protest challenging the denial, and the name and telephone number of the Department contact person who can answer questions regarding the appeals process; and

c. The applicant's right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 41-1092.06.

2. The Director shall provide an opportunity for public comment under R18-9-A907 and R18-9-A908 on a denial.

3. The decision of the Director to deny the permit application takes effect 30 days after the decision is served on the applicant, unless the applicant files an appeal under A.R.S. 49-255.01(H)(1).

Ariz. Admin. Code § R18-9-B903

New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4).