Section 33-16-01-11 - Hearings and notice1. A national pollutant discharge elimination system applicant, any affected state, any affected interstate agency, any affected country, the regional administrator, or any interested agency, person, or group of persons may request or petition the department for a public hearing with respect to national pollutant discharge elimination system applications. Any such request or petition for public hearing shall be filed in writing within the thirty-day period prescribed in subsection 2 of section 33-16-01-07 and shall indicate the interest of the person filing such request and the reasons why a hearing is warranted. 2. The department shall hold a hearing if it determines that there is a significant public interest, including the filing of requests or petitions for such hearing, in holding such a hearing. The department may also hold a hearing at its discretion for any other reason. Any hearing brought pursuant to this subsection shall be held in the geographical area of the proposed discharge or other appropriate area, in the discretion of the department and may, as appropriate, consider related groups of permit applications. 3. Public notice of any hearing held under this section shall be circulated at least as widely as was the notice of the national pollutant discharge elimination system application pursuant to section 33-16-01-07. Procedures for the circulation of public notice for hearings held under this section shall include at least the following: a. Notice shall be published in at least one newspaper of general circulation within the geographical area of the discharge. b. Notice shall be sent to all persons and government agencies which received a copy of the notice or the fact sheet for the national pollutant discharge elimination system application. c. Notice shall be mailed to any person or group upon request. d. Notice shall also be given to all persons who submitted comments on the proposed national pollutant discharge elimination system permit pursuant to section 33-16-01-07. e. Notice shall be effected pursuant to subdivision a at least thirty days in advance of the hearing. 4. The contents of public notice of any hearing held pursuant to this section shall include at least the following: a. Name, address, and telephone number of the agency holding the public hearing. b. Name and address of each applicant whose application will be considered at the hearing, except in the case of draft general permits. c. A brief description of the business conducted at the facility of the activity described in the permit application or draft permit. d. Name of waterway to which each discharge is made and a short description of the location of each discharge on the waterway. e. A reference to the date of previous public notices relating to the permit. f. Information regarding the date, time, and location for the hearing. 9- The purpose of the hearing. h. A concise statement of the issues raised by the persons requesting the hearing. i. Address and telephone numberofthe premises at which interested persons may obtain further information, request a copy of each draft national pollutant discharge elimination system permit prepared pursuant to section 33-16-01-06, request a copy of each fact sheet prepared pursuant to section 33-16-01-08, and inspect and copy national pollutant discharge elimination system forms and related documents. j. A brief description of the nature of the hearing, including the rules and procedures to be followed. N.D. Admin Code 33-16-01-11
Amended effective October 1, 2002.General Authority: NDCC 61-28-04
Law Implemented: NDCC 61-28-04