1. (1) Within 60 days of receiving a complete application for operator certification approval, the director shall issue a draft certification decision.
2. (2) The draft certification decision shall be subject to a public notice and comment period of at least 30 days.

3. (3) The division will publish the public notice using the following methods:

   1. (a) Utah Department of Environmental Quality website; and
   2. (b) the Utah Public Notices website.

4. (4) The director may, at the director's discretion, hold a public hearing to take oral comments if:

   1. (a) the director receives a request in writing not more than 15 days after the publication date of the draft certification decision; and

   2. (b) the request is from:

      1. (i) another state agency;
      2. (ii) ten interested persons; or
      3. (iii) an interested association having not fewer than ten members.

5. (5) Public notice of a public hearing shall be given at least seven days in advance of the hearing. Public notice of a hearing may be combined and provided at the same time as public notice of any of the following:

   1. (a) a draft certification decision issued under this rule;
   2. (b) a draft UPDES permit issued under Rule R317-8; or
   3. (c) a draft water quality certification issued under Rule R317-15.
6. (6) The director shall consider the comments received during the public notice and comment period in finalizing the certification decision.

KEY: Water Quality

Date of Last Change: September 16, 2025

Authorizing, and Implemented or Interpreted Law: 65A-6-4