Section 309.225  Applications – Filing and Final Action By Agency

a)         An application for permit under this Subpart B shall not be deemed to be filed until the Agency has received, at the designated address, all information, documents and authorizations in the form and with the content required by Section 309.221, 309.222 and 309.223 and related Agency procedures; provided, however, that if the Agency fails to notify the applicant within 30 days after the filing of a purported application that the application is incomplete and of the reason the Agency deems it incomplete, the application shall be deemed to have been filed as of the date of such purported filing. The applicant may treat the Agency's notification that an application is incomplete as a denial of the application for purposes of review.

b)         If the Agency fails to take final action, by granting or denying the permit as requested or with conditions, within 90 days from the filing of the application, the applicant may deem the permit granted for a one year period commencing on the 91st day after the application under this Subpart B was filed.

c)         Any applicant for a permit under this Subpart B may waive the requirement that the Agency must take final action within 90 days from the filing of the application.

d)         The Agency shall send written notice of final action taken.

e)         The Agency shall be deemed to have taken final action on the date that the notice is mailed.