§ 17-0805 — Notice and public participation; access to information

§ 17-0805. Notice and public participation; access to information.\n 1. a. Public notice of a complete application for a SPDES permit,\nincluding: (i) all renewals of SPDES permits issued in lieu of NPDES\npermits; (ii) other permit renewals, except renewals of permits for\nprojects defined as minor in article 70 of this chapter; and (iii)\nmodifications involving substantive changes in permit requirements or\nauthorized activities, except modification of permits for projects\ndefined as minor under article 70 of this chapter, shall be circulated\nin a manner designed to inform interested and potentially interested\npersons and any other state, the waters of which may be affected, of\nsuch application. Such notice shall include, where appropriate, the\nfollowing: (i) the applicant's name and address; (ii) a brief\ndescription of the project or proposed project and its location; (iii) a\nlist of all department permits directly related to the project for which\napplication has been made; (iv) the name and classification of the water\nbody to which discharges are being made or are to be made; (v) the\nvolume and type of the discharge authorized or to be authorized; (vi)\nthe permit's priority ranking score; (vii) the name and telephone number\nof the department and the lead agency contact persons for the project;\n(viii) a statement that copies of the permit application, the existing\nor draft permit, the fact sheet, the priority ranking fact sheet,\nworksheet and a description of the SPDES permit priority ranking system\nare available upon request; and (ix) a statement that written comments\nor requests for a public hearing on the permit application, draft\nenvironmental impact statement or the permit's priority ranking score\nmay be filed by a time and at a place specified.\n b. The department shall provide a period of not less than thirty days\nfollowing the date of the public notice pursuant to paragraph a of this\nsubdivision during which time interested persons may submit their\nwritten views with respect to the application and the priority ranking\nof the permit. The period for comment may be extended at the discretion\nof the department. All written comments submitted during such thirty day\nor extended period shall be retained by the department and considered in\nthe formulation of the final determination on the application and the\npriority ranking of the permit. The department may, in its discretion,\nprovide an opportunity for the applicant or any interested agency,\nperson or group of persons to request or petition for a public hearing\nwith respect to such application or the priority ranking of the permit.\nSuch request or petition shall be made during the public notice and\ncomment period. The department shall promulgate rules and regulations\nwith respect to notice, procedures and conduct of public hearings in\naccordance with due process of law for administrative proceedings and\nthe provisions of the Act.\n 2. Notwithstanding any other provision of law, any effluent data, any\nSPDES permit, permit application including a permit renewal application,\npriority ranking fact sheet or request for permit modification,\nsuspension or revocation shall be available to the public for inspection\nand copying. This includes information submitted on the forms themselves\nand any attachments used to supply information required by the forms.\n 3. Except insofar as trade secrets would be disclosed, the following\ninformation shall be available to the public for inspection and copying;\n (a) any public comments, testimony or other documentation concerning a\npermit application, including a permit renewal application, priority\nranking fact sheet or request for permit modification, suspension or\nrevocation; and\n (b) any information obtained pursuant to any monitoring, records,\nreporting or sampling requirements or as a result of sampling or other\ninvestigatory activities of the department.\n 4. The department shall identify and hold confidential any\ninformation, except effluent data, SPDES permits, permit applications,\nincluding permit renewal applications priority ranking fact sheets or\nrequests for permit modification, suspension or revocation, including\ninformation submitted on the forms themselves and any attachments used\nto supply information required by the forms, shown by any person to be\ninformation which, if made public, would divulge methods or processes\nentitled to protection as trade secrets of such person.\n