Based on the technical review, the secretary shall mail a written recommendation of approval, approval with conditions, or denial of the application to the applicant within the 90-day technical review period. A recommendation to deny the application shall include an explanation of the reasons for denial. A recommendation to approve the application shall include any proposed permit conditions. If the secretary has not made a recommendation within 270 days on an application for Type I or IIA facilities, within 180 days on an application for all other facilities, or within 90 days on an application for permit renewal, the applicant may petition the board for a contested case hearing. The petition must conform to the requirements of article 74:09.

Source: 17 SDR 8, effective July 26, 1990; 19 SDR 186, effective June 10, 1993.

General Authority: SDCL 34A-6-1.6 , 34A-6-1.14.

Law Implemented: SDCL 34A-6-1.6 , 34A-6-1.8 , 34A-6-1.14.