3.12.080 Inspection of a Facility or Activity That Does Not Require an Operating License or Permit

(a) Inspection of a facility or activity that does not require an operating license or permit. Where any facility or activity has received a Water Quality Certification pursuant to Section 3.12.070 in connection with the issuance of a license or permit for construction, and where such facility or activity is not required to obtain an operating license or permit, the WRP shall be afforded the opportunity to inspect such facility or activity prior to its initial operation for the purpose of determining if the manner in which such facility or activity will be operated or conducted will violate the WQS.

(b) Notification to licensing or permitting agency. After an inspection pursuant to this section.a, the WRP shall make a recommendation to the Director regarding whether operation of the proposed facility or activity will violate the WQS. If the Director determines that operation of the proposed facility or activity will violate the WQS, he or she shall so notify the applicant and the licensing or permitting agency and shall include recommendations as to remedial measures necessary to bring the operation of the proposed facility or activity into compliance with such standards.

(c) Termination of suspension. Where a licensing or permitting agency, following a public hearing, suspends a license or permit after receiving the Director's notice and recommendation pursuant to Section 3.12.080(b), the applicant may submit evidence to the Director showing the facility's or activity's operation or conduct thereof has been modified so as not to violate the WQS. If the Director determines that WQS will not be violated, he shall so notify the licensing or permitting agency.