1. (a) General. The regulatory authority will review an application for a permit, permit revision, or permit renewal; and issue a written decision granting, requiring modification of, or denying the application. Before making this decision, the regulatory authority must consider any written comments and objections submitted, as well as the records of any informal conference or hearing held on the application.
2. (b) When will the regulatory authority make a decision on a permit application? (1) If an informal conference is held under § 773.6(c) of this part, the regulatory authority will issue a decision on the application within 60 days of the close of the conference.

3. (2) If no informal conference is held under § 773.6(c) of this part, the regulatory authority must issue a decision on the application within a reasonable time established in the regulatory program. In determining what constitutes a reasonable time, the regulatory authority must consider the following five factors:

   1. (i) The time needed for proper site investigations.
   2. (ii) The complexity of the permit application.
   3. (iii) Whether there are any written objections on file.
   4. (iv) Whether the application previously has been approved or disapproved, in whole or in part.
   5. (v) The time required for coordination of permitting activities with other agencies under § 773.5 of this part.
   6. (c) Who has the burden of proof? You, the applicant for a permit, revision of a permit, or the transfer, assignment, or sale of permit rights, have the burden of establishing that your application is in compliance with all requirements of the regulatory program.

[81 FR 93323, Dec. 20, 2016]