Tentative Determination and Preparation of Draft Permits

(1) Within a reasonable time following receipt of a complete application for an individual permit, the Department shall tentatively determine to issue or deny the permit. A tentative determination is not required prior to issuance, renewal or denial of general permit coverage. 2.04: continued (2) If the Department tentatively determines to issue an individual or general permit, then the Department shall prepare a draft permit. The draft permit shall contain such terms and conditions the Department deems necessary to ensure that the permitted activities and facilities comply with all applicable requirements of M.G.L. c. 21, §§ 26 through 53 and 33 U.S.C. § 1251. (3) In processing an individual or general permit, the Department may determine to withdraw a draft permit before issuing a final permit. If the Department withdraws a draft permit, the existing permit will remain in effect in accordance with the provisions of 314 CMR 3.00: Surface Water Discharge Permit Program, 5.00: Ground Water Discharge Permit Program, 7.00: Sewer System Extension and Connection Permit Program and 20.00: Reclaimed Water Permit Program and Standards. The Department will prepare a statement in connection with a determination to withdraw a draft permit and will provide the statement to the applicant and any other person upon request.