250 R.I. Code R. 250-RICR-150-10-1.42

Current through December 26, 2024

Section 250-RICR-150-10-1.42 - Public Notice of Permit Actions and Public Comment Period

A. Scope

1. The Department shall give public notice that the following actions have occurred:

a. A permit application has been tentatively denied;

b. A draft permit (including a notice of intent to terminate a permit where the permittee objects and a tentative decision to modify or revoke and reissue a permit) has been prepared;

c. A hearing has been scheduled under § 1.44 of this Part; and

2. No public notice is required when a request for permit modification, revocations and reissuance or termination is denied under § 1.37 of this Part. Written notice of that denial shall be given to the requester and to the permittee.

3. Public notices may describe more than one type of discharge, or permit action.

B. Timing

1. Public notice of the preparation of a draft permit (including a notice of intent to deny a permit application) required under § 1.42(A) of this Part shall allow at least 30 days for public comment.

2. Public notice of a permit hearing shall be given at least 30 days before the hearing. (Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.)

C. Methods. Public notice of activities described in § 1.42(A)(1) of this Part shall be given by the following methods:

1. By mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this paragraph may waive his or her rights to receive notice for any classes and categories of permits):

a. The applicant

b. Any other agency which the Department knows has issued or is required to issue an environmental permit for the same facility or activity (including EPA);

c. Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, and Advisory Council on Historic Preservation, State Historic Preservation Officers, and other appropriate government authorities, including any affected states;

d. Any State agency responsible for plan development under 33 U.S.C. §§ 1288(b)(2), 1288(b)(4) or 1313(e) (Sections 208(b)(2), 208(b)(4) or 303(e) of the Clean Water Act) and the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service;

e. Any user identified in the permit application of a privately owned treatment works;

f. The affected mayor, municipal clerk, planning board, sewerage authority, health officer, and environmental commission;

g. Persons on a mailing list developed by:

(1) Including those who request in writing to be on the list;

(2) Soliciting persons for "area lists" from participants in past permit proceedings in that area; and

(3) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in such publication as State funded newsletters, environmental bulletins, or State law journals. (The Department may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Department may delete from the list the name of any person who fails to respond to such a request.)

2. For major permits and general permits, publication of a notice in a daily or weekly newspaper within the area affected by the facility or activity;

3. Such notice shall be published in any manner constituting legal notice to the public under State law for all other actions described in § 1.42(A)(1) of this Part; and

4. Any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.

D. Contents

1. All public notices issued under this Rule shall contain the following minimum information:

a. Name and address of the office processing the permit action for which notice is being given;

b. Name and address of the permittee or permit applicant and if different, of the facility or activity regulated by the permit, except in the case of draft general permit;

c. A brief description of the business conducted at the facility or activity described in the permit application or draft permit;

d. Name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit or draft general permit, as the case may be, statement of basis or fact sheet, and the application;

e. A brief description of the comment procedures required by §§ 1.43 and 1.44 of this Part and the time and place of any hearing that will be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final permit decision;

f. The location of the administrative record required by § 1.41 of this Part, the times at which the record will be open for public inspection, and a statement that all data submitted by the applicant is available as part of the administrative record;

g. A general description of the location of each existing or proposed discharge point and the name of the receiving water. For draft general permits, this requirement will be satisfied by a map or description of the permit area;

h. Any additional information considered necessary or proper; and

i. Where a request under 33 U.S.C. § 1326(a) (Section 316(a) of the Clean Water Act) has been filed under § 1.60 of this Part, the public notice shall include:

(1) A statement that the thermal component of the discharge is subject to effluent limitations under 33 U.S.C. §§ 1311 and 1316 (Section 301 and 306 of the Clean Water Act) and a brief description, including a quantitative statement, of the thermal effluent limitations proposed under 33 U.S.C. §§ 1311 and 1316 (Section 301 and 306 of the Clean Water Act);

(2) A statement that a Section 316(a) (33 U.S.C. § 1326(a)) request has been filed and that alternative less stringent effluent limitations may be imposed on the thermal component of the discharge under 33 U.S.C. § 1326(a) (Section 316(a) of the Clean Water Act) and a brief description, including a quantitative statement, of the alternative effluent limitations, if any, included in the request; and

(3) If the applicant has filed an early screening request pursuant to 40 C.F.R. § 125.72, incorporated above at § 1.3(B) of this Part, for a Section 316(a) variance, a statement that the applicant has submitted such information.

2. Public notices for hearings. In addition to the general public notice described in § 1.42(D)(1) of this Part, the public notice of a hearing under § 1.44 of this Part shall contain the following information:

a. Reference to the date of previous public notice relating to the permit;

b. Date, time and place of the hearing; and

c. A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.

E. In addition to the general public notice described in § 1.42(D)(1) of this Part, all persons identified in § 1.42(C) of this Part shall be mailed a copy of the fact sheet or statement of basis, the permit application (if any), and the draft permit (if any).

250 R.I. Code R. 250-RICR-150-10-1.42