R305-7-209. Administrative Record

  (1) To the extent they relate to the issues and arguments raised in the Petition for Review, the Administrative Record shall consist of the following items, if they exist:

  (a) the permit application, draft permit, and final permit;

  (b) each statement of basis, fact sheet, engineering review, or other substantive explanation designated by the Director as part of the basis for the decision relating to the Permit Order;

  (c) the notice and record of each public comment period;

  (d) the notice and record of each public hearing, including oral comments made during the public hearing;

  (e) written comments submitted during the public comment period;

  (f) responses to comments that are designated by the Director as part of the basis for the decision relating to the Permit Order;

  (g) any information that is:

  (i) requested by and submitted to the Director; and

  (ii) designated by the Director as part of the basis for the decision relating to the Permit Order;

  (h) any additional information specified by rule;

  (i) any additional documents agreed to by the parties; and

  (j) information supplementing the record under Section 19-1-301.5(9)(c) or R305-7-210.

  (2) If there has been no notice and comment period for a Permit Order, information that is submitted with the Petition for Review shall be deemed to be part of the Administrative Record as shall information submitted in any response to the Petition for Review.

  (3)(a) The Director shall prepare the record by compiling it in chronological order, numbering each page and preparing an index.

  (b) The Director shall, within 40 days of service of the Notice of Appointment, or as otherwise provided in R305-7-206;

  (i) file and serve an electronic copy of the record in accordance with the requirements of R305-7-104; or

  (ii) make a paper copy of the record available for review during normal working hours, and file and serve a copy of the record's index as provided in R305-7-104.

  (4) Any challenges to the Administrative Record shall be made by motion within 10 business days of the date the record or index is served under paragraph (3)(b).