Idaho § 39-7422 - Administrative review and approval process

§ 39-7422. Administrative review and approval process

(1) The process set forth in this section applies to the following applications:

(a) Final design reports;

(b) Ground water monitoring plans;

(c) Operations plan recertifications or amendments;

(d) Closure plans;

(e) Post-closure care plans;

(f) Financial assurance plans; and

(g) Minor modifications.

(2) Within fourteen (14) days of receiving an application, the department shall notify the applicant, in writing, that the application is complete or incomplete.

(a) If the application is deemed incomplete by the department, the notice shall:

(i) Explain the application’s deficiencies;

(ii) Identify applicable standards, requirements, and other information relied on by the department in determining that the application is incomplete;

(iii) Inform the applicant that the application can be resubmitted pursuant to this section; and

(iv) State that the applicant may request a meeting with the department to review the application, its deficiencies, and solutions thereto.

(b) Incomplete applications can be resubmitted within six (6) months of the date on the department’s notice. The resubmitted application shall address all deficiencies identified in the notice. The department shall have fourteen (14) days to review the resubmitted application. If the department determines that deficiencies remain, the department shall notify the applicant, in writing, that the application has been rejected and shall include in such notice an explanation of the deficiencies and information relied on in making such determination.

(3) Within thirty-five (35) days of the date on the notice of a complete application, the director shall notify the applicant, in writing, that the application has been accepted or rejected.

(a) When reviewing an application, the director shall defer to the opinion of the applicant’s qualified professionals, unless there is reliable empirical evidence that the affirmations in the application are erroneous.

(b) An application shall be approved if the director determines that all applicable standards, requirements, and criteria of applicable local, state, and federal law, rules, and regulations have been satisfied.

(c) A rejected application shall be accompanied by written findings that thoroughly explain the reason for rejecting the application and provide the rationale, evidence, applicable standards, requirements, and information relied on by the director in rejecting the application.

[39-7422, added 2026, ch. 7, sec. 26, p. 48.]