§ 66271.5. Draft Permits.

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

(b) If the Department tentatively decides to deny the permit application, the Department 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 subsection (d) of this section. If the Department's final decision (see section 66271.14) is that the tentative decision to deny the permit application was incorrect, the Department shall withdraw the notice of intent to deny and proceed to prepare a draft permit under subsection (c) of this section.

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

(1) all conditions under sections 66270.30 and 66270.32;

(2) all compliance schedules under section 66270.33;

(3) all monitoring requirements under section 66270.31; and

(4) standards for transfer, treatment, storage, and/or disposal and other permit conditions under section 66270.30.

(d) All draft permits prepared under this section shall be accompanied by a statement of basis (section 66271.6) or fact sheet (section 66271.7), and shall be based on the administrative record (section 66271.8), publicly noticed (section 66271.9) and made available for public comment (section 66271.10). The Department shall give notice of opportunity for a public hearing (section 66271.11), issue a final decision (section 66271.14) and respond to comments (section 66271.16). An appeal may be taken under section 66271.18. Draft permits shall be accompanied by a fact sheet if required under section 66271.7.

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 124.6.