Current through November, 2024
Section 11-55-13 - Public hearings(a) The owner or operator, regional administrator, any interested agency, person, or group of persons may request or petition for a public hearing with respect to NPDES permit applications. Any request or petition for public hearing shall be submitted within the thirty day period prescribed in section 11-55-09 (b) and shall indicate the interest of the party submitting the request and the reasons why a hearing is warranted.(b) The director shall provide the public notice of public hearing to the owner or operator or its duly authorized representative for publication according to section 11-55-14. The public notice shall include the information required by 40 CFR §§ 124.10(d)(1) and (d)(2).(c) The director shall hold a hearing if the director determines that there is a significant public interest (including the submitting of requests or petitions for a hearing) in holding a hearing. Instances of doubt should be resolved in favor of holding the hearing. Any hearing brought under this subsection shall be held in the geographical area of the proposed discharge or other appropriate area, at the director's discretion, and may, as appropriate, consider related groups of NPDES permit applications.(d) Any person may submit oral or written statements and data concerning the draft permit, provided that persons submitting oral statements also submit a written copy of their oral statements prior to the end of the public comment period. The public comment period under section 11-55-09 shall automatically be extended to the close of any public hearing under this section. The hearing officer may also extend the comment period by so stating at the hearing. [Eff 11/27/81; am and comp 10/29/92; Eff 09/23/96; am and comp 09/22/97; comp 01/06/01; am and comp 11/07/02; comp 08/01/05; comp 10/22/07; comp JUN 15 2009] (Auth: HRS §§ 342D-4, 342D-5, 342D-6; 33 U.S.C. §§1251, 1342, 1370 ) (Imp: HRS §§ 342D-2, 342D-4, 342D-5, 342D-6, 342D-57; 33 U.S.C. §§1251, 1342, 1370, 1251-1387; 40 CFR Parts 122; 123; 124, Subparts A and D; 125; §§123.25(a), 124.10, 124.11, 124.12)Comp 10/21/12; Comp 12/6/13; Comp 11/15/14; Comp 7/13/2018