Idaho Administrative Code
Title IDAPA 58 - Environmental Quality, Department of
Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM
Section 58.01.25.109 - PUBLIC NOTIFICATION AND COMMENT
Universal Citation: ID Admin Code 58.01.25.109
Current through August 31, 2023
01. Public Notification. (3-24-22)
a. The
Department will give notice to the public that: (3-24-22)
i. A draft permit has been prepared under
Subsection 108.01; (3-24-22)
ii. The Department intends to deny a permit
application under Subsection
107.01; (3-24-22)
iii. A public meeting is scheduled; or
(3-24-22)
iv. An IPDES new source
determination has been made. (3-24-22)
b. A public notice may describe more than one
(1) permit or permit action. (3-24-22)
c. The Department will allow at least thirty
(30) days for public comment on the items in the notice, and will provide at
least thirty (30) days' notice before the public meeting. Notice of the draft
permit and the meeting may be combined and given at the same time.
(3-24-22)
d. Public notice that a
draft permit has been prepared, and any public meeting on the draft permit must
be given by the following methods: (3-24-22)
i. By mailing a copy of the notice to the
following persons, unless any person entitled to receive notice under this
subsection waives that person's right to receive notice for any classes and
categories of permits: (3-24-22)
(1) The
applicant, unless there is no applicant for an IPDES general permit;
(3-24-22)
(2) Any other agency
(including EPA when the draft permit is prepared by the state) that the
Department knows has issued or is required to issue a permit for the same
facility or activity under the following laws and programs: (3-24-22)
(a) Resource Conservation and Recovery Act,
under IDAPA 58.01.05, "Rules and Standards for Hazardous Waste";
(3-24-22)
(b) Underground Injection
Control (UIC) Program under Idaho Department of Water Resources as authorized
under Idaho Code Title 42 Chapter 39 and regulated under IDAPA 37.03.03, "Rules
and Minimum Standards for the Construction and Use of Injection Wells";
(3-24-22)
(c) Clean Air Act, under
IDAPA 58.01.01, "Rules for the Control of Air Pollution in Idaho";
(3-24-22)
(d) Idaho Pollution
Discharge Elimination System Program, under IDAPA 58.01.25, "Rules Regulating
the Idaho Pollutant Discharge Elimination System Program"; or
(3-24-22)
(e) Sludge Management
Program, under IDAPA 58.01.16.650, "Wastewater Rules"; and (3-24-22)
(f) Dredge and Fill Permit Program (Clean
Water Act section 404) ;
(3-24-22)
(3) Affected
federal and state agencies with jurisdiction over fish, shellfish, wildlife,
and other natural resources, state historic preservation officers, and any
affected Indian tribe; (3-24-22)
(4) Any state agency responsible for plan
development under the Clean Water Act sections
208(b)(2),
208(b)(4), or
303(e), and the
United States Army Corps of Engineers, the United States Fish and Wildlife
Service, and the National Marine Fisheries Service; (3-24-22)
(5) Any user identified in the permit
application of a privately owned treatment works; (3-24-22)
(6) Persons on a mailing list developed by:
(3-24-22)
(a) Recording those who request in
writing to be on the list; (3-24-22)
(b) Soliciting persons for area lists from
participants in past permit proceedings in that area; and (3-24-22)
(c) Publishing notice of the opportunity to
be on the mailing list on the Department's website and through periodic
publication in the local press and in regional and state-funded newsletters,
environmental bulletins, state law journals or similar publications. The
Department may update the mailing list from time to time by requesting written
indication of continued interest from those listed, and may delete from the
list the name of any person who fails to respond to the Department's request;
(3-24-22)
(7) Any unit of
local government having jurisdiction over the area where the facility is
proposed to be located; and (3-24-22)
(8) Each state agency having any authority
under state law with respect to the construction or operation of the facility;
(3-24-22)
ii. For a major
facility permit, a general permit, and a permit that includes sewage sludge
land application plans, by publishing a notice in a daily or weekly newspaper
within the area affected by the facility or activity; and (3-24-22)
iii. By 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 use of any other forum
or media to elicit public participation. For IPDES major permits and general
permits, in lieu of the requirement for publication of a notice in a daily or
weekly newspaper, the Department may publish all notices of activities
described in Subsection
109.01.a. to the Department's
website. If the Department selects this option for a draft permit, in addition
to meeting the requirements in Subsection
109.01.e., the Department will
post the draft permit and fact sheet on the website for the duration of the
public comment period. The Department will ensure the methods of public notice
effectively inform all interested communities and allow access to the
permitting process for those seeking to participate.
(3-24-22)
e. A public
notice issued under this subsection must contain at least the following
information: (3-24-22)
i. Name and address of
the office processing the permit action for which notice is being given and
where comments may be submitted; (3-24-22)
ii. 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 IPDES draft general permits;
(3-24-22)
iii. A brief description
of the business conducted at the facility or activity described in the permit
application, or for general permits when there is no application, in the draft
permit; (3-24-22)
iv. 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, fact sheet, and the application; (3-24-22)
v. A brief description of the comment and
public meeting procedures required by this subsection and the time and place of
any meeting that will be held; if no meeting has already been scheduled, a
statement of procedures to request a meeting and other procedures by which the
public may participate in the final permit decision; (3-24-22)
vi. A general description of the location of
each existing or proposed discharge point and the name of the receiving water;
(3-24-22)
vii. The sludge use and
disposal practices and the location of each sludge TWTDS and use or disposal
sites known at the time of permit application; (3-24-22)
viii. A description of requirements
applicable to cooling water intake structures under the Clean Water Act section
316(b), in
accordance with 40 CFR
125.80 through
89,
125.90 through
99, and
125.130 through
139; and (3-24-22)
ix. Directions to the Department's website
where interested parties can obtain copies of the draft permit, fact sheet, and
the permit application, if any; and (3-24-22)
f. In addition to the information required by
Subsection 109.01.e., the public notice
for a draft permit for a discharge for which a request has been filed under the
Clean Water Act section
316(a) must
include: (3-24-22)
i. A statement that the
thermal component of the discharge is subject to effluent limitations under the
Clean Water Act sections
301 or
306, and a brief description,
including a quantitative statement, of the thermal effluent limitations
proposed under the Clean Water Act sections
301 or
306; (3-24-22)
ii. A statement that a request has been filed
under the Clean Water Act section
316(a), that
alternative less stringent effluent limitations may be imposed on the thermal
component of the discharge under the Clean Water Act section
316(a), and a
brief description, including a quantitative statement, of the alternative
effluent limitations, if any, included in the request; and (3-24-22)
iii. If the applicant has filed an early
screening request under 40
CFR 125.72 for a variance under the Clean
Water Act section 316(a), a
statement that the applicant has submitted that early screening request.
(3-24-22)
g. In addition
to the general public notice described in Subsection
109.01.e., the public notice
of a meeting under this section must contain the following information:
(3-24-22)
i. Reference to the date of
previous public notices relating to the permit; (3-24-22)
ii. Date, time, and place of the meeting; and
(3-24-22)
iii. A brief description
of the nature and purpose of the meeting, including the applicable rules and
procedures. (3-24-22)
h.
The Department will mail a copy of the general public notice described in
Subsection 109.01.e. to all persons
identified in Subsections
109.01.d.i.(1), (2), (3),
and (4). (3-24-22)
i. The
Department will hold a public meeting whenever the Department finds, on the
basis of requests, a significant degree of public interest in a draft permit.
The Department may also hold a public meeting if a meeting might clarify one
(1) or more issues involved in the permit decision or for other good reason in
the Department's discretion. (3-24-22)
02. Public Comment. (3-24-22)
a. During the public comment period, any
interested person may submit written comments on the draft permit. Written
comments must be submitted to the person identified in the notice and as
specified in Subsection
109.01.e. (3-24-22)
b. During the public comment period, any
interested person may request a public meeting if no public meeting has been
scheduled. The Department will schedule and hold a public meeting if the
Department determines that significant public interest exists in the draft
permit. (3-24-22)
i. A request for a public
meeting must be in writing and be submitted to the Department within fourteen
(14) days after the date of the public notice required by Subsection
109.01. (3-24-22)
ii. If a public meeting is held for the
purpose of receiving comments, the Department will make an audio recording or
hire a court reporter to record the meeting and will prepare a transcript of
the meeting if an appeal is filed. (3-24-22)
c. If, during the comment period for an IPDES
draft permit, the district engineer of the United States Army Corps of
Engineers advises the Department in writing that anchorage and navigation of
any of the waters of the United States would be substantially impaired by the
granting of a permit, the Department will deny the permit and notify the
applicant of the denial. If the district engineer advises the Department that
imposing specified conditions upon the permit is necessary to avoid any
substantial impairment of anchorage or navigation, the Department will include
the specified conditions in the permit. Review or appeal of denial of a permit
or of conditions specified by the district engineer must be sought through the
applicable procedures of the United States Army Corps of Engineers and not
through the state procedures. If a court of competent jurisdiction stays the
conditions or if applicable procedures of the United States Army Corps of
Engineers result in a stay of the conditions, those conditions must be
considered stayed in the IPDES permit for the duration of the stay.
(3-24-22)
d. If, during the comment
period for an IPDES draft permit, the United States Fish and Wildlife Service,
the National Marine Fisheries Service, or any other state or federal agency
with jurisdiction over fish, wildlife, or public health advises the Department
in writing that the imposition of specified conditions upon the permit is
necessary to avoid substantial impairment of fish, shellfish, or wildlife
resources, the Department may include the specified conditions in the permit to
the extent the Department determines they are necessary to comply with the
provisions of the Clean Water Act. (3-24-22)
e. In some cases, the Department may confer
with one (1) or more of the agencies referred to in Subsections
109.02.c. and 109.02.d. before
issuing a draft permit and may set out an agency's view in the fact sheet or
the draft permit. (3-24-22)
f. The
Department will consider all comments in making the final decision and will
answer the comments as provided in this subsection. (3-24-22)
g. Requests for extending a public comment
period must be received in writing by the Department prior to the last day of
the comment period. (3-24-22)
h.
After the close of the public comment period and prior to the issuance of the
final permit decision, the Department will afford the permit applicant an
opportunity to provide additional information to respond to public comments. In
addition, in order to respond to comments, the Department may request the
applicant provide additional information. (3-24-22)
03. Response to Comments. When the Department issues a final permit, the Department will issue a response to comments that will be available to the public. The response must: (3-24-22)
a. Specify which provisions, if any, of the
draft permit have been changed in the final permit decision, and the reasons
for the change; and (3-24-22)
b.
Briefly describe and respond to all significant comments on the draft permit
raised during the public comment period, or during any meeting.
(3-24-22)
Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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