Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.06 - SOLID WASTE MANAGEMENT RULES › Section 58.01.06.032 - TIER II AND TIER III APPLICATION AND PLAN REVIEW AND APPROVAL

Current through August 31, 2023
01.
Application Submittal
. The
			 owner and operator shall submit three (3) copies of each required application
			 to the Department. The owner and operator may submit applications for siting,
			 design, operation, or ground water monitoring approval sequentially or
			 concurrently. (3-24-22)
02.
Preapplication Conference
. The owner or 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. (3-24-22)
03.
Application Review
. (3-24-22)
a.
			 On receipt of an application the Department shall, 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 shall
			 identify any deficiencies in the application, and the information relied upon
			 in making the determination, and shall 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.
			 (3-24-22)
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 Section
			 31-819, Idaho Code, in the county
			 and the immediate vicinity of the proposed facility and shall also provide
			 notice to local government. The notice shall 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 shall provide a copy of the published
			 notice and notice to local government to the Department within five (5)
			 business days of publication. (3-24-22)
c. The Department shall approve, deny, or
			 approve with conditions each application. Failure to issue a decision within
			 the stated time shall be deemed approval. Approval conditions shall relate to
			 protection of human health and the environment as required in these rules.
			 (3-24-22)
i. For a siting application, the
			 Department shall 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
			 Ground Water Monitoring Applications shall not be reviewed until the Siting
			 Application is approved. (3-24-22)
ii. For the Design, Operating and Ground
			 Water Monitoring applications, the Department shall 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.
			 (3-24-22)
d. If the
			 Department denies an application, the written decision shall state the basis
			 for the denial, and the information relied upon in making the determination.
			 (3-24-22)