(a) The department shall:
- (1) make a final determination on an application for a certification under Section 401 of the Clean Water Act not later than one hundred twenty (120) days after its receipt of a complete application; and
- (2) include in its notice of the final determination to the applicant a statement of reasons for the final determination.
- (b) A failure by the department to act within the period specified in subsection (a)(1) constitutes a waiver of the certification.
As added by P.L.282-2003, SEC.39.