| (a) Upon receipt of an application, the executive director
or his designee shall assign the application a number for identification
purposes.
(b) Applications for permits shall be reviewed by the
staff for administrative completeness within five business days of
receipt of the application by the executive director.
(c) If an application is received which is not administratively
complete, the executive director shall notify the applicant of the
deficiencies by email by the end of the five-day review period.
(1) If the additional information is received within
five business days of notice of the deficiency, the executive director
will evaluate the information within five business days of receipt
of the additional information.
(2) If the additional information is not received within
five business days of notice of the deficiency, the application shall
be considered withdrawn unless there are extenuating circumstances.
(d) After an application is determined by the executive
director to be administratively complete, the executive director shall
commence a technical review as necessary and appropriate for a period
of time not to exceed 30 business days from the date the application
is declared administratively complete.
(e) If an application is received which is not technically
complete, the executive director shall notify the applicant by email
and prior to the end of the 30-day review period of any additional
technical material as may be necessary for a complete review.
(1) If the additional information is received within
the timeframe established by the technical review staff, the staff
will review the additional information to determine if the application
is technically complete.
(2) If the additional information is not received within
the timeframe established by the technical review staff, and the information
is considered essential by the executive director to make recommendations
to the commission on a particular matter, the executive director may
return the application to the applicant. In no event, however, will
the applicant have less than 15 days to provide the technical data
before an application is returned. Decisions to return the application
during the technical review stage will be made on a case-by-case basis.
The applicant has the option of having the question of sufficiency
of necessary technical data referred to the commission for a decision
prior to having the application returned.
(f) After an application is determined by the executive
director to be technically complete, the executive director shall
prepare a draft permit consistent with all applicable commission rules,
unless a recommendation is made not to grant an application. The draft
permit will be filed with the commission to be included in the consideration
of the application for permit and is subject to change during the
course of the proceedings on the application. The draft permit shall
be available for public review.
(g) The executive director shall prepare a technical
summary which sets forth the principal facts and the significant factual,
legal, methodological, and policy questions considered in preparing
the draft permit. The summary shall include the following information,
where applicable:
(1) a brief description of the marine seawater desalination
project which is the subject of the draft permit;
(2) the sources, quality, and quantity of wastewater
that is proposed to be discharged;
(3) a brief summary of the basis for the draft permit
conditions including references to applicable statutory or regulatory
provisions;
(4) reasons why any requested variances or alternatives
to required standards do or do not appear justified;
(5) a description of the procedures for reaching a
final decision on the draft permit, including procedures whereby the
public may participate in the final decision; and
(6) the name and telephone number of any persons to
contact for additional information.
(h) After the draft permit and technical summary are
prepared and prior to issuance of public notice, the executive director
shall email the draft permit and technical summary to the applicant.
The applicant shall have 10 business days to review and provide comment
on the draft permit.
(i) Public notice and comment must comply with the
procedures in §39.903 of this title (relating to Public Notice
and Comment for Off-Shore Discharges).
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