1. A. Upon conclusion of its technical review of a Tier II or III application within the permitting time frames established by rules promulgated by the Environmental Quality Board, the Department of Environmental Quality shall prepare a draft denial or draft permit.

   1. 1. Notice of a draft denial or draft permit shall be given by the Department on the Department’s website.
   2. 2. Notice of the draft denial or draft permit shall be posted on the Electronic Environmental Permit Application Docket on the Department’s website and provided to the applicant and those who subscribed to receive notifications. The notice shall provide for a set time period for public comment and for the opportunity to request a formal public meeting on the respective draft denial or draft permit. Such time period shall be set at thirty (30) days after the date the notice is posted unless a longer time is required by federal regulations promulgated as rules by the Board. In lieu of the notice of opportunity to request a public meeting, notice of the date, time, and place of a public meeting may be given, if previously scheduled.
2. B. Upon the notification of a draft permit, the Department shall make the draft permit and the application, except for proprietary provisions otherwise protected by law, available for public review on the Electronic Environmental Permit Application Docket on the Department’s website.

Laws 1994, SB 997, c. 373, § 9, eff. July 1, 1996; Amended by Laws 1995, SB 247, c. 285, § 17, emerg. eff. July 1, 1996; Amended by Laws 2026, SB 1246, c. 192, § 3, eff. November 1, 2026 (superseded document available).