§ 66271.17. Administrative Record for Final Permit.

(a) The Department shall base final permit decisions under section 66271.14 on the administrative record defined in this section.

(b) The administrative record for any final permit shall consist of the administrative record for the draft permit and:

(1) all comments received during the public comment period provided under section 66271.9 (including any extension or reopening under section 66271.13);

(2) the tape or transcript of any hearing(s) held under section 66271.11;

(3) any written materials submitted at such a hearing;

(4) the response to comments required by section 66271.16 and any new material placed in the record under that section;

(5) other documents contained in the supporting file for the permit; and

(6) the final permit.

(c) The additional documents required under subsection (b) of this section shall be added to the record as soon as possible after their receipt. The record shall be complete on the date the final permit is issued.

(d) This section applies to all final permits when the draft permit was subject to the administrative record requirements of section 66271.8.

(e) Material readily available at the Department, or published materials which are generally available and which are included in the administrative record under the standards of this section or of section 66271.16 (“Response to comments”), need not be physically included in the same file as the rest of the record as long as it is specifically referred to in the statement of basis or fact sheet or in the response to comments.

HISTORY

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).

Note

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 124.18.