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<section article="gen" article_name="Environment" number="1-604" title_number="1" title_name="Definitions; General Provisions; Enforcement" subtitle_number="6" subtitle_name="Public Participation in the Permitting Process">
  <level label="a">
    <level label="1">
      <text>After the Department receives the permit application, the Department shall prepare a tentative determination, which shall include the following information:</text>
      <level label="i">
        <text>A proposal to issue or to not issue a permit;</text>
      </level>
      <level label="ii">
        <text>Any proposed permit limitations and conditions;</text>
      </level>
      <level label="iii">
        <text>A brief explanation of the Department’s tentative determination; and</text>
      </level>
      <level label="iv">
        <text>Any proposed schedule of compliance.</text>
      </level>
    </level>
    <level label="2">
      <text>If the tentative determination is to issue a permit, the tentative determination shall include a draft permit, which shall be available to the public for inspection and copying.</text>
    </level>
    <level label="3">
      <text>The Department shall publish a notice of the tentative determination. This publication shall allow 30 calendar days for public comment before the issuance of the final determination.</text>
    </level>
    <level label="4">
      <level label="i">
        <text>The Department shall schedule a public hearing on the tentative determination when a written request for a public hearing is made within 20 days of publication of a notice of the tentative determination.</text>
      </level>
      <level label="ii">
        <text>The public hearing may be canceled if all persons who made timely written requests withdraw the requests prior to the meeting. In addition, the Department may schedule a public hearing on a tentative determination at its discretion.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>The Department shall prepare a final determination if:</text>
      <level label="i">
        <text>Written comments adverse to the tentative determination were received by the Department within 30 days after the publication of the notice of tentative determination pursuant to this section;</text>
      </level>
      <level label="ii">
        <text>Comments adverse to the tentative determination were received in writing at, or within 5 days after, the public hearing conducted pursuant to this section;</text>
      </level>
      <level label="iii">
        <text>Comments adverse to the tentative determination were received orally at the public hearing conducted pursuant to this section and the Department prepared a transcript of the comments made at the hearing; or</text>
      </level>
      <level label="iv">
        <text>The final determination is substantively different from the tentative determination and all persons aggrieved by the final determination have not waived, in writing, their right to request a contested case hearing.</text>
      </level>
    </level>
    <level label="2">
      <text>If the Department is required to prepare a final determination under this section, the Department shall publish a notice of the final determination.</text>
    </level>
    <level label="3">
      <text>If the Department is not required to prepare a final determination under this section, the tentative determination is a final decision by the Department when the permit is issued or denied.</text>
    </level>
  </level>
</section>
