Idaho Admin. Code r. 58.01.13.300

Current through September 2, 2024

Section 58.01.13.300 - APPLICATION PROCESSING PROCEDURE

01.Completeness Review. Within thirty (30) days of receipt of an application, the Director will issue a written notice to the applicant and the Idaho Department of Lands, indicating:

a. The application is complete; or

b. The application is incomplete, specific deficiencies, and additional required information.

02.Accuracy and Protectiveness Review. Within ninety (90) days of receipt of an application and upon determination by the Department that the application is complete, the Department will review the application for accuracy and protectiveness based on these and other applicable rules including, but not limited to, IDAPA 58.01.02, "Water Quality Standards," and IDAPA 58.01.11, "Ground Water Quality Rule."

03.Permit Application Rejection.

a. If the Director decides to reject an application under Subsection 300.03.b., the Director will provide public notice within ninety (90) days after receipt of the application. Such notice will be in writing, explain the basis for the rejection, and constitute a notice of rejection in accordance with Section 39-118A(2)(b), Idaho Code.

b. A complete permit application will be rejected if:

i. The cyanidation facility as proposed cannot be conditioned for construction, operation, and closure so as to comply with applicable state law; or

ii. Any payment required by the cost recovery agreement under Subsection 100.04 is due and unpaid.

04.Draft Permit and Fact Sheet.

a. If the Director decides to prepare a draft permit or draft major permit modification, the draft will contain the following information:

i. All conditions based on Sections 200 through 204;

ii. All conditions for an approved alternative under Section 205;

iii. All conditions under Section 500;

iv. Any information incorporated into the draft permit by reference; and

v. Any other condition the Director finds appropriate to protect water quality and public health.

b. A fact sheet will accompany the draft permit. The fact sheet will briefly state the principal facts and the significant legal and policy questions considered in the draft permit. The fact sheet will include, when applicable:

i. A brief description of the proposed cyanidation facility and the operating plan described in the application or permit modification request.

ii. A brief summary of the basis for the conditions on the draft permit, including references to applicable statutes or regulations and appropriate supporting references to the administrative record; and.

iii. The name and phone number of the agency representative to contact for additional information.

Idaho Admin. Code r. 58.01.13.300

Effective March 24, 2022