R 323.2133 Permit applications; determinations; issuance; denial.

Rule 2133. (1) After review of tentative determinations or modifications thereof made by the staff of the department pursuant to R 323.2115, any comments on the permit application received by the department from the regional administrator pursuant to R 323.2112, comments received from the public during the 30-day comment period following public notice of the permit application as provided by R 323.2117, or other applicable recommendations or determinations, and review of the public hearing record after a hearing on an application pursuant to R 323.2130, the department shall make a final determination on the permit application and may issue or deny a state or national permit pursuant to section 3106 of part 31 of the act. (2) An appeal to a final determination of the department made pursuant to subrule (1) of this rule, or to a condition of a permit issued, or the denial of a permit pursuant to part 31 of the act and the rules shall be in accordance with and subject to section 3113 of part 31 of the act. (3) When the department issues a state or national permit to a discharger in possession of an order of determination or stipulation of the department issued or entered into before April 15, 1973, the state or national permit conditions shall take precedence over all conditions of the order of determination or stipulation. If the department denies the issuance of a state or national permit to a discharger in possession of an order of determination or stipulation of the department, compliance with the conditions of the order of determination or stipulation is not a defense of the discharger's obligation as prescribed by part 31 of the act. (4) A national permit issued by the department pursuant to part 31 of the act and these rules is a state permit where the permit is issued for waste or wastewater discharges into the surface waters of the state. A state permit issued for a waste or wastewater discharge into groundwaters or on the ground is not a national permit required pursuant to the federal act.