R315-124-18. Procedures for Decisionmaking -- Administrative Record for Final Permit

  (a) The Director shall base final permit decisions under Section R315-124-15 on the administrative record defined in Section R315-124-18.

  (b) The administrative record for any final permit shall consist of the administrative record for the draft permit and:

  (1) All comments received during the public comment period provided under Section R315-124-10;

  (2) The recording or transcript of any hearing(s) held under Section R315-124-12;

  (3) Any written materials submitted at such a hearing;

  (4) The response to comments required by Section R315-124-17 and any new material placed in the record under that section;

  (5) Reserved;

  (6) Other documents contained in the supporting file for the permit; and

  (7) The final permit.

  (c) The additional documents required under Subsection R315-124-18(b) should be added to the record as soon as possible after their receipt or publication by the Division. The record shall be complete on the date the final permit is issued.

  (d) Section R315-124-18 applies to all final permits when the draft permit was subject to the administrative record requirements of Section R315-124-9.

  (e) Material readily available at the Division Office, or published materials which are generally available and which are included in the administrative record under the standards of Section R315-124-18 or 17, need not be physically included in the same file as the rest of the record as long as it is specifically referred to in the statement of basis or fact sheet or in the response to comments.