1. (a) The department shall review part II of the design review application submitted in accordance with Env-Dw 405.09.
2. (b) If the department determines that the information submitted in part II of the application meets the criteria specified in Env-Dw 405.09 and the design standards of this part, the department shall issue a final design approval and include project-specific conditions as necessary to ensure compliance with the requirements of the rules.
3. (c) If the department determines that the information submitted in part II of the application is insufficient for the department to determine whether the criteria specified in Env-Dw 405.09 or the design standards of this part have been met, the department shall notify the applicant in writing.

4. (d) The notice required by (c) above, shall specify:

   1. (1) What information is needed;
   2. (2) The deadline for submitting the information, established based on the type and volume of the information needed but in no case shall be longer than 60 days;
   3. (3) The provisions of Env-Dw 405.09 relative to submitting the information; and
   4. (4) The provisions of Env-Dw 405.10(e) and (f) relative to failing to provide the information.
5. (e) If the criteria specified in Env-Dw 405.09 are still not met, including the information submitted as a result of the notice made pursuant to (c) above, the department shall notify the applicant a second time, in accordance with (c) above, in writing of the additional information believed by the department to be needed to assess the application.
6. (f) The department shall deny the application if the applicant does not submit the additional information requested within the time frame specified in (d)(2) above or extended pursuant to (h) below, or the criteria specified in Env-Dw 405.09 and the design standards of this part are not met after the second request as specified in (e) above.
7. (g) To request an extension to the deadline specified in (d)(2) above, the owner shall submit a written request for extension, including specific reason(s) why the extension is being sought and the requested revised deadline.
8. (h) After receiving an extension request, if the department finds the requirements of (g) above are met, and that an extension has not previously been granted for this application, the department shall extend the deadline, for one time only, for 90 days.
9. (i) Once the department has denied an application, an applicant wishing to reapply shall submit a new application in accordance with Env-Dw 405.05 and a new application fee in accordance with Env-Dw 405.09(d).

Source. #14158, eff 12-25-24