OAR 632-037-0100: Cooperating Agency Action on a Consolidated Application

(1) At least 30 days before the issuance of draft permits, each cooperating agency shall submit to the Department: (a) Written concurrence or non-concurrence with the terms and conditions of the draft operating permit as such pertain to the statutory authority of each cooperating agency; and (b) Permit conditions within the expertise and authority of the cooperating agency. (2) The Department shall not issue a draft permit until each cooperating agency has concurred with the terms and conditions of the draft permit as such pertain to the statutory responsibility of each cooperating agency. (3) The Department shall include permit conditions submitted by a cooperating agency as conditions on the Department's draft operating permit. (4) If the Department finds that a proposed permit condition imposed by a cooperating agency creates a conflict between permits, the technical review team shall resolve the conflict.