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 applica- tion.

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 Arti- cles 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 noti- fication shall include:

a.         The reason for the denial with reference to the stat- ute 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 pro- cess; and

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

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

3.        The decision of the Director to deny the permit applica- tion 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).

Historical Note

New Section made by final rulemaking at 7 A.A.R. 5879,

effective December 7, 2001 (Supp. 01-4).