Tier Ii And Tier Iii Application And Plan Review And Approval

01. Application Submittal. The owner and operator must submit three (3) copies of each required application to the Department and may submit applications for siting, design, operation, or groundwater monitoring approval sequentially or concurrently. (7-1-26) 02. Preapplication Conference. The owner and operator may request that the Department convene a preapplication conference with any interested federal, state and local entities to discuss the approval procedures, application content, time tables for application processing, siting and design requirements. (7-1-26) 03. Application Review. (3-24-22) a. On receipt of an application the Department will, within thirty (30) days, notify the owner and operator in writing whether the submission is complete and whether the application identifies an appropriate Tier level. The notice will identify any deficiencies in the application, and the information relied upon in making the determination, and will state that an applicant may submit additional information in the form of an amended application, withdraw the application or request a conference to discuss the Department’s determination. (7-1-26) b. Upon receipt of the Department’s determination that a siting application is complete, the owner and operator shall publish a notice in a newspaper of general circulation as determined in Chapter 1, Title 60, Idaho Code, in the county and the immediate vicinity of the proposed facility and also provide notice to local government. The notice must include the name and location of the proposed facility, a general description of the proposed operations, the location where the application may be reviewed, and instructions directing the public to submit comments to the Department within thirty (30) days of the date of publication. The owner and operator must provide a copy of the published notice and notice to local government to the Department within five (5) business days of publication. (7-1-26) IDAHO ADMINISTRATIVE CODE IDAPA 58.01.06 Department of Environmental Quality Solid Waste Management Rules Section 061 Page 30 c. The Department will approve, deny, or approve with conditions each application. Failure to issue a decision within the stated time shall be deemed approval. Approval conditions will relate to protection of human health and the environment as provided in these rules. (7-1-26) i. For a siting application, the Department will notify the owner and operator in writing of the Department’s decision within thirty (30) days of the date of the close of the public comment period. The Department and the owner and operator may agree, in writing to a longer period of time for the Department’s determination. Design, Operating and Groundwater Monitoring Applications will not be reviewed until the Siting Application is approved. (7-1-26) ii. For the Design, Operating and Groundwater Monitoring applications, the Department will notify the owner and operator in writing of the Department’s decision within sixty (60) days from the date the application is determined to be complete. (7-1-26) d. If the Department denies an application, the written decision will state the basis for the denial, and the information relied upon in making the determination. (7-1-26) 04. Application Valid for Two Years. Unless otherwise stated in the Department's approval of the facility's application, the Department's approval will become invalid if the owner and operator fail to begin construction within two (2) years from the date of approval, or if after construction has begun, work is suspended for more than two (2) years. Owners and operators may apply for an extension provided that the written request is received by the Department no less than one (1) month prior to expiration of the approval. Within fifteen (15) days from Department receipt of extension request, the Department will approve the extension request or deny the extension request and state the basis for denial. (7-1-26) 033. -- 060. (RESERVED)