7 Del. Admin. Code § 1302-122-H-122.150

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-122-H-122.150 - How will the Secretary make a final decision on my RAP application?

(a) The Secretary must consider and respond to any significant comments raised during the public comment period, or during any hearing on the draft RAP or notice of intent to deny, and revise your draft RAP based on those comments, as appropriate.

(b) If the Secretary determines that your RAP includes the information and terms and conditions required in Section 122.135, then he will issue a final decision approving your RAP and, in writing, notify you and all commenters on your draft RAP that your RAP application has been approved.

(c) If the Secretary determines that your RAP does not include the information required in Section 122.135, then he will issue a final decision denying your RAP and, in writing, notify you and all commenters on your draft RAP that your RAP application has been denied.

(d) If the Secretary's final decision is that the tentative decision to deny the RAP application was incorrect, he will withdraw the notice of intent to deny and proceed to prepare a draft RAP, according to the requirements in this subpart.

(e) When the Secretary issues his final RAP decision, he must refer to the procedures for appealing the decision under Section 122.155.

(f) Before issuing the final RAP decision, the Secretary must compile an administrative record. Material readily available at DNREC or published materials which are generally available and which are included in the administrative record need not be physically included with the rest of the record as long as it is specifically referred to in the statement of basis or the response to comments. The administrative record for the final RAP must include information in the administrative record for the draft RAP (see Section 122.140 (b)) and:

(1) All comments received during the public comment period;

(2) Tapes or transcripts of any hearings;

(3) Any written materials submitted at these hearings;

(4) The responses to comments;

(5) Any new material placed in the record since the draft RAP was issued;

(6) Any other documents supporting the RAP; and

(7) A copy of the final RAP.

(g) The Secretary must make information contained in the administrative record available for review by the public upon request.

7 Del. Admin. Code § 1302-122-H-122.150