1. (a) The department shall do the following:

   1. (1) Make a final determination on an application for a certification under Section 401 of the Clean Water Act not later than ninety (90) days after its receipt of a complete application if the applicant meets the condition set forth in subsection (b).
   2. (2) Include in its notice of the final determination to the applicant a statement of reasons for the final determination.
2. (b) At least thirty (30) days before submitting an application under this section, an applicant must contact the department to request a pre-coordination meeting.
3. (c) A failure by the department to make a final determination not later than ninety (90) days after receiving a complete application, if required under subsection (a)(1), constitutes a waiver of the certification.

As added by P.L.282-2003, SEC.39. Amended by P.L.160-2021, SEC.14.