17.30.106    TENTATIVE DETERMINATION BY THE DEPARTMENT

(1) The department shall, within 30 days of receipt of a completed application, notify the applicant, the federal permitting or licensing agency, and the regional administrator of its tentative determination to either issue, issue with conditions, or deny certification.

(2) The department's tentative determination must be in writing and shall explain the reasons for denying, issuing, or conditionally issuing certification.

(3) Notification of the department's tentative determination must include:

(a) the name and address of the applicant; and

(b) a statement that the department has either:

(i) examined the complete application, specifically identifying the number or code affixed to the application, and based its determination upon an evaluation of the information contained in the application that is relevant to water quality; or

(ii) examined the application and other information furnished by the applicant sufficient to permit the department to reach its decision.

(4) If a tentative issue of certification or conditional certification is made, the notification must also contain:

(a) a statement that there is reasonable assurance the facility's or activity's construction and operation will not result in a violation of effluent limits or water quality standards; and

(b) a statement of conditions which the department deems necessary for allowing the discharge, including:

(i) necessary monitoring requirements; and

(ii) the applicant will be required to allow the department reasonable entry and access to the discharge site in order to inspect the discharge for compliance with the certification requirements applicable to the facility or activity.

(5) If the department denies certification, the notification of tentative determination must include a statement explaining why the activity or permit will result in discharge of pollutants to state waters and detailing the effluent limits or water quality standards that will be violated.

(6) Where a notice is issued by the department under ARM 17.30.108, the notification of tentative determination must include a statement that, unless a written request for a hearing is filed with the department within 15 days after publication of public notice, the department's decision will become final without public hearing.

(7) The notification may also include other information as the department determines to be appropriate.

 

History: 75-5-401, MCA; IMP, 75-5-402, MCA; NEW, 1991 MAR p. 2033, Eff. 11/1/91; TRANS, from DHES, 1996 MAR p. 1499; AMD, 2018 MAR p. 2517, Eff. 12/22/18.