8 CAR § 11-216 – Interim authority and temporary variances

(a) Every Director of the Division of Environmental Quality’s decision to grant or deny a temporary variance or interim authority pursuant to Arkansas Code § 8-4-230, shall be publicly noticed in accordance with 8 CAR § 11-207 within ten (10) business days of the date of the decision.
(b)
1. (1) Any member of the public may object to the director’s decision within ten (10) business days of the notice.
2. (2) Objections will be accepted if submitted in accordance with 8 CAR § 11-208(d).
3. (3) Only the applicant and those persons who submitted timely objections shall have standing to appeal the director’s decision.
4. (4) After consideration of the written objections, the director may within thirty (30) calendar days of the date of the decision, for compelling reasons or good cause shown, revoke or modify the conditions of the temporary guidance or interim authority.
5. (5)
  1. (A) The director’s revocation or modification of his or her initial decision becomes a final decision for purposes of appeal.
  2. (B) Upon issuance, notice of the decision shall be sent to the applicant and those persons who submitted timely objections.
6. (6) If the director’s initial decision is not revoked or modified within thirty (30) calendar days of the date of the decision, the decision is deemed final for purposes of appeal.
(c)
1. (1) The director may, for compelling reasons or good cause shown, revoke or modify the conditions of any temporary variance or interim authority previously granted.
2. (2) The director’s revocation or modification of his or her prior decision becomes a final decision for purposes of appeal.
3. (3) Upon issuance, notice of the decision shall be sent to the applicant and those persons who submitted timely objections.
(d) Any actions taken by the applicant in reliance upon the grant of a temporary variance or interim authority during the application review and permit issuance process are strictly at the applicant’s own risk, and no actions or expenditure by the applicant during this period shall be construed as accruing equities in the applicant’s favor.
(e) An applicant that has been denied a temporary variance or interim authority or has had a temporary variance or interim authority revoked during the application review and permit issuance process provided for in this section, may appeal the director’s decision.
(f) An appeal of the director’s decision shall be processed as a permit appeal pursuant to 8 CAR § 11-603(a) and (c), provided that:
1. (1) Any applicant or person who has submitted timely objections on the record must file a request for hearing within ten (10) business days of the date of the public notice of the director’s final decision;
2. (2) The decision of the director shall remain in effect during the appeal;
3. (3) The adjudicatory review shall be completed as expeditiously as possible; and
4. (4) A final decision shall be issued by the Arkansas Pollution Control and Ecology Commission within sixty (60) calendar days unless all parties agree to extend the review time.