R 299.4107 Construction permit; applicability; permit modification; incomplete application.

Rule 107. (1) A person shall not establish a new disposal area without receiving a construction permit from the director, except as provided in the act and these rules. (2) A person who applies for a modification of a construction permit shall submit an application on a form provided by the department. The application shall include both revised engineering plans for the effected changes that comply with these rules and the fee required by the act. An application for a modification is not required to contain other information required for a new disposal area by the act and these rules. An application for a construction permit modification shall be reviewed in accordance with sections 11510 and 11511 of the act. (3) A person shall not construct a disposal area contrary to a construction permit or plans approved before January 11, 1979, unless the change is approved by the director. Changes to approved plans that do not constitute a new disposal area or a modification may be approved by the director or his or her designee without following the process specified by section 11510 and section 11511 of the act. (4) The statutory review periods set forth in sections 11511 and 11516 of the act shall not commence until the director, his or her designated representative, or a certified health department determines that an application is administratively complete in that it includes all submittals that are specified in the act and these rules. The determination shall be made and acknowledged within 15 working days of receipt of an application by the certified health department or the director. An application that is determined to be administratively incomplete shall be returned to the applicant, without prejudice, specifically listing those items that are required to make the application complete, together with all filing fees, within 15 working days of receipt by the certified health department or the director. (5) A determination by a certified health department, the director, or his or her designee that an application is complete shall not be construed as a determination that the application is in compliance with all of the requirements of the act and these rules.