7 Del. Admin. Code § 1302-124-A-124.6

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

Section 1302-124-A-124.6 - Draft Permits

(a) Once an application is complete, the Secretary shall tentatively decide whether to prepare a draft permit or to deny the application.

(b) If the Secretary tentatively decides to deny the permit application, he shall issue a notice of intent to deny. A notice of intent to deny the permit application is a type of draft permit which follows the same procedures as any draft permit prepared under this section. (See § 124.6 (d)). If the Secretary's final decision is that the tentative decision to deny the permit application was incorrect, he or she shall withdraw the notice of intent to deny and proceed to prepare a draft permit under paragraph (d) of this section.

(c) If the Secretary decides to prepare a draft permit, he shall prepare a draft permit that contains the following information:

(1) All conditions under § 122.30 and § 122.32;

(2) All compliance schedules under § 122.33;

(3) All monitoring requirements under § 122.31; and

(4) Hazardous waste permits, standards for treatment, storage, and/or disposal and other permit conditions under § 122.30.

(d) All draft permits prepared under this section shall be accompanied by a statement of basis (§ 124.7) or fact sheet (§ 124.8), publicly noticed (§ 124.10) and made available for public comment (§ 124.11). The Secretary shall give notice of opportunity for a public hearing (§ 124.12) and respond to comments (§ 124.17).

7 Del. Admin. Code § 1302-124-A-124.6