Rule 391-3-6-.26 - Notice and Public Participation(1) Tentative Determination and Draft Permits:(a) When the Division is satisfied that a permit application is complete, a tentative determination will be made to issue or deny the permit. If the tentative determination is to issue the permit, a draft permit will be prepared in accordance with applicable Federal regulations and State laws prior to the issuance of a public notice. If the tentative determination is to deny the permit, the Division will public notice the denial in accordance with applicable Federal regulations and State laws.(b) If the Division makes a tentative determination to issue a general permit, a draft permit and fact sheet will be prepared in accordance with applicable Federal regulations and State laws prior to issuance of a public notice.(2) Public Notice: Public notice of every complete permit application will be prepared and circulated in a manner designated to inform interested and potentially interested persons of the proposed permit and of the proposed determination to issue or deny a permit. Procedures for circulation of the public notice shall include the following: (a) A copy of the public notice will be provided to the permit applicant, will be available at the EPD office in Atlanta, and will be posted to the EPD website;(b) Electronic mailing (e-mail) notification of the public notice to any persons or groups included on the electronic mailing list to receive such notices. The EPD shall maintain an electronic mailing list for distribution of public notices. Any person or group may request that their e-mail address be added to the electronic mailing list or they may sign-up through the EPD website;(c) The EPD shall provide a period of not less than thirty (30) days following the date of the public notice in which interested persons may submit their written views on the tentative determination with respect to the permit application. All written comments submitted during the thirty (30) day comment period will be retained by the EPD and considered in the final determination with respect to the permit application and shall be responded to in accordance with Federal Regulations, 40 C.F.R. 124.17, and applicable State laws. The comment period may be extended at the discretion of the Director;(d) The contents of the public notice will be in accordance with Federal Regulations, 40 C.F.R. 124.10(d) and applicable State laws;(e) The EPD will prepare a fact sheet in accordance with Federal Regulations, 40 C.F.R. 124.8 and 124.56, and applicable State laws. A copy of the permit application, draft permit, and fact sheet will be available for public inspection at the EPD office in Atlanta and information on how to access electronic copies of these materials will be included in the contents of the public notice. Any person may request in writing a copy of the permit application, draft permit, and fact sheet and it will be provided;(f) The Director will provide a copy of the public notice to the U.S. Army Corps of Engineers, Federal and State agencies with jurisdiction over fish, shellfish and wildlife resources and to other appropriate governmental authorities and will provide such agencies an opportunity to submit their written views and recommendations in accordance with Federal Regulations, 40 C.F.R. 124.10 and applicable State laws. The comments of the District Engineer of the Corps of Engineers, the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, or any State or Federal Agency with jurisdiction over fish, wildlife, or public health shall be considered in accordance with Federal Regulations, 40 C.F.R. 124.59;(g) Copies of draft, proposed, and issued NPDES and applicable UIC permits shall be transmitted to the Regional Administrator for review and comments in such manner as the Director and Regional Administrator agree, and in accordance with applicable Federal regulations, and the Memorandum of Agreement between the agencies pursuant to 40 C.F.R. 123.24.(3) Public Hearings: (a) The Director shall provide an opportunity for an applicant, any affected state or interstate agency, the Regional Administrator or any other interested agency, person or group of persons to request a public hearing with respect to a permit application. Any such request for a public hearing shall be filed within the 30-day comment period prescribed in subparagraph (2)(c) and shall indicate the interest of the party filing such a request, the reasons why a hearing is requested, and those specific portions of the application or other form or information to be considered at the public interest in holding such a hearing;(b) Any public hearing held pursuant to this paragraph shall be held in the geographical area of the draft permit or other appropriate location at the discretion of the Director;(c) The Director may hold one public hearing on related groups of permit applications;(d) Public notice of any hearing held pursuant to this paragraph shall be provided at least thirty (30) days in advance of the hearing date and shall be circulated in accordance with the public notification procedures in paragraph (2) and in accordance with Federal Regulations, 40 C.F.R. 124.10, or applicable State law.(4) Public Access to Information: (a) A copy of the permit application, public notice, applicable fact sheet and draft permit, and other forms related thereto, including written public comments and comments of all governmental agencies thereon and other reports, files and information not involving methods or processes entitled to protection as trade secrets, may be available online and will be available for public inspection and copying during normal business hours at the EPD office in Atlanta. Effluent data, Notice of Intent forms, and information regarding Class I, II and III injection wells that deals with the existence, absence, or level of contaminants in drinking water shall not be considered as information entitled to protection. Public access to NPDES and applicable UIC information shall be in accordance with Federal Regulations, 40 C.F.R. 122.7;(b) Any information submitted with reports, records or plans that is considered confidential by the permittee (applicant), and that is not specifically excluded in subparagraph (4)(a) above, should be clearly labeled "Confidential" and be supported by a statement as to the reason that such information should be considered confidential. If the Director, with the concurrence of the Regional Administrator, determines that such information is entitled to confidential protection, he shall label and handle same accordingly;(c) Any information accorded confidential status whether or not contained in an application form shall be made available, upon written request, to the Regional Administrator or his authorized representative who shall maintain the information as confidential.Ga. Comp. R. & Regs. R. 391-3-6-.26
O.C.G.A. § 12-5-20et seq.
Original Rule entitled "Notice and Public Participation" adopted. F. May 13, 2020; eff. June 2, 2020.