(a) Public notice
of any hearing held under section 11-55-13 shall be circulated as widely as the
notice of the draft permit. Public notice for hearings held under section
11-55-13 shall be:
(1) Published in
accordance with section
1-28.5,
HRS;
(2) Sent to all persons and
government agencies which received a copy of the notice or the fact sheet for
the NPDES permit application;
(3)
Mailed or emailed to any person or group upon request and the persons listed in
40 CFR
§§
124.10(c) (1)(i) through (v), (ix), and
(x); and
(4) Effected under paragraphs (1) and (3) at
least thirty days in advance of the hearing.
(b) The public notice of any
hearing held under section 11-55-13 shall include at least the following
information:
(1) Name and address of the
agency holding the public hearing;
(2) Name and address of each owner or
operator or both whose NPDES permit application will be considered at the
hearing and the name and address of the facility or activity;
(3) Name of the state water to which each
discharge is made, a short description of the location of each discharge, and
whether the discharge is a new or an existing discharge;
(4) A brief reference to the public notice
for proposed action issued for each NPDES permit application, including
identification number and date of issuance, if applicable;
(5) Information regarding the date, time, and
location of the hearing;
(6) The
purpose of the hearing, including a concise statement of the issues raised by
the persons requesting the hearing, as applicable:
(7) A brief description of the nature of the
hearing, including the rules and procedures to be followed; and
(8) Name, address, and telephone number of a
person at the state or interstate agency where interested persons may:
(A) Obtain further information;
(B) Request a copy of each draft permit
prepared under section 11-55-08(b);
(C) Request a copy of the fact sheet prepared
under section 11-55-10 (if prepared); and
(D) Inspect and copy NPDES forms and related
documents.
(c) All publication and mailing costs
associated with the public notification of the director's determinations to
hold public hearing with respect to the NPDES permit application shall be paid
by the owner or operator to the appropriate publishing agency or agencies
determined by the director. The owner or operator shall submit the original
signed affidavit of publication to the department within four weeks of the
publication date. Failure to provide and pay for public notification, as deemed
appropriate by the director, is a basis to delay issuance of an individual
permit.
