Any final action in granting or denying an application for a permit, permit amendment or modification, or permit renewal shall be subject to judicial review in the court of appropriate jurisdiction upon an application filed by the applicant or permittee, or by any affected state or other person who participated in the public comment process. Except for authorizations under General Permits, judicial review is available to all affected parties for all final permit actions including minor modifications and administrative actions. If no public comment procedure was employed for the action under challenge, an application for review may be filed by the permittee or an affected state. The opportunity for judicial review provided for in this subsection shall be the exclusive means for obtaining judicial review of any permit action.

1. (1) No application for judicial review may be filed more than 90 days following the final action on which review is sought, unless the grounds for review arose at a later time, in which case the application for review shall be filed within 90 days of the date on which the grounds for review first arose and review shall be limited to such later-arising grounds.

2. (2) Any application for judicial review shall be limited to issues that:

   1. (A) were raised in comments filed with the DEQ or during a public hearing on the proposed permit action (if the grounds on which review is sought were known at that time), except that this restriction shall not apply if the person seeking review was not afforded an advance opportunity to comment on the challenged action; and
   2. (B) are germane and material to the permit action at issue.
3. (3) For purposes of this section, "final action" shall include a failure by the DEQ to take final action to grant or deny an application within the time specified in this Chapter.

Added at 15 Ok Reg 2590, eff 6-25-98