Sec. 26.08.04.01-2. Discharge Permit Application Processing

A. Informational Meetings.

(1) Upon written request by a person within 10 working days of the publication of a notice of application for a discharge permit, the Department shall hold an informational meeting to discuss the application.

(2) The Department also may hold an informational meeting or meetings at the Department's discretion.

(3) The informational meeting may be cancelled if all persons who made timely written requests withdraw their requests before the meeting.

(4) The Department may require the applicant to attend all informational meetings and present information concerning the application.

(5) If an informational meeting is required, the Department shall publish or require the applicant to publish notice of the informational meeting, unless the notice of application contained a notice of the informational meeting. This notice shall:

(a) Conform to the requirements of Regulation .01-1E of this chapter; and

(b) Contain:

(i) The information required under Regulation .01D of this chapter,

(ii) The date, time, and location of the informational meeting, and

(iii) Other information the Department determines to be necessary for adequate public notice.

(6) When the notice of the informational meeting also contains a notice of public hearing, the first notice of public hearing shall be given at least 30 days before the hearing.

B. Tentative Determination.

(1) Preparation of Tentative Determination and Fact Sheet.

(a) After the Department receives the discharge permit application, the Department shall prepare a tentative determination, which shall include:

(i) The name of the applicant;

(ii) A proposal to issue or not issue the permit;

(iii) The type, volume, and location of the proposed discharge;

(iv) Proposed permit limitations and conditions;

(v) A brief explanation of the Department's tentative decision;

(vi) If applicable, a proposed schedule of compliance;

(vii) A brief summary, if appropriate, concerning the development of a site-specific criterion, use of a biological or chemical translator for derivation of permit limits, or a temporary permit modification; and

(viii) Other information the Department considers necessary.

(b) When the tentative determination is to issue a discharge permit, the tentative determination shall include a draft permit, which shall be available to the public for inspection and copying.

(c) The Department shall prepare a fact sheet as required by the Federal Act for all proposed permits for major facilities.

(2) Publication of Notice of Tentative Determination.

(a) The Department shall publish or require the applicant to publish the notice of tentative determination according to Regulation .01-1E of this chapter.

(b) The notice of tentative determination shall include:

(i) The information in §B(1)(a) of this regulation;

(ii) The procedures for a person to review and copy the tentative determination, draft permit, or related material;

(iii) A statement allowing 30 days for public comment to the notice of tentative determination before the issuance of the final determination and the procedures for offering public comment;

(iv) A statement that the Department shall hold a public hearing when a written request for a public hearing is made within 20 days of the publication of the notice of tentative determination and the procedure for making a written request for a public hearing; and

(v) Other information the Department considers necessary to ensure adequate public notice.

(c) When the notice of tentative determination also includes a notice of public hearing, the first notice of public hearing shall be given at least 30 days before the hearing.

(3) Mailing List for the Notice of Tentative Determination and Fact Sheet.

(a) The notice of tentative determination shall be mailed to any other state whose waters may be affected by the issuance of a permit, so that the affected state may submit written comments to the Department and to the EPA.

(b) The notice of tentative determination and, if prepared, a fact sheet, shall be mailed, unless waived, to the appropriate district engineer of the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, and the National Marine Fisheries Service.

(c) Upon written request by a person, the Department shall add the name of that person to a mailing list to receive a copy of the notice of tentative determination and fact sheet, if prepared, for a specific NPDES permit application.

(4) Obligation of Discharger to Notify Department. A person who desires to apply for a site-specific criterion, biological translator, or chemical translator shall notify the Department before the later of the end of the comment period established:

(a) In the notice of tentative determination; or

(b) For the public hearing.

(5) Public Hearing.

(a) The Department shall schedule a public hearing on the tentative determination when a written request for a public hearing is made within 20 calendar days of the publication of the notice of tentative determination.

(b) The Department may schedule a public hearing on a State discharge or NPDES permit at the Department's discretion.

(c) The public hearing may be cancelled if all persons who made timely written requests withdraw the requests before the hearing.

(d) The applicant, if requested by the Department, shall provide information concerning the application.

(e) If the Department requires the applicant to attend the public hearing, failure of the applicant to attend the hearing and present information may result in the Department not issuing the permit.

(f) A person shall be given an opportunity to present information at the public hearing concerning the tentative determination.

(g) The Department shall accept written comments for 5 calendar days after the date of the public hearing.

(h) The applicant shall be responsible for the cost of preparing and obtaining a transcript of public hearings.

(6) Notice of Public Hearing.

(a) If a public hearing is scheduled, a notice of the hearing shall be published according to Regulation .01-1E of this chapter. The first notice shall give a minimum of 30 days notice before the hearing.

(b) The notice of public hearing shall include:

(i) The name of the applicant;

(ii) The type of discharge permit to be discussed at the public hearing, including the volume of the proposed discharge;

(iii) The location of the proposed discharge;

(iv) A brief description of the proposed permit conditions and limitations, proposed schedule of compliance, and any proposed special conditions including procedures for obtaining access to or copies of the tentative determination;

(v) Information concerning the date, time, and location of the public hearing; and

(vi) Other information the Department determines to be necessary for adequate public notification.

(c) The Department shall provide the applicant with a copy of the notice of public hearing.