Current through September 18, 2024
Authority: IC 13-7-7; IC 13-7-8.5-4
Affected:
40 CFR
124.10
Sec. 10.
(a) The
commissioner shall give public notice that either of the following actions have
occurred:
(1) A draft permit has been
prepared under section 8 of this rule.
(2) A hearing has been scheduled under
section 12 of this rule.
(b) Timing for public notices shall be as
follows:
(1) Public notice of the preparation
of a draft permit required under subsection (a) shall allow at least forty-five
(45) days for public comment.
(2)
Public notice of a public hearing shall be given at least thirty (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 (2) notices may be
combined.
(c)
Public notice of activities described in subsection (a) 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 section 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 commissioner knows has issued or is required to issue a UIC or 404
permit (See
33 U.S.C.
1344.) for the same facility or
activity.
(C) Federal and state
agencies with jurisdiction over fish, shellfish, and wildlife resources and
over coastal zone management plans, the advisory council on historic
preservation, state historic preservation officers, and other appropriate
government authorities, including any affected states.
(D) Persons on a mailing list developed as
follows:
(i) Including those who request in
writing to be on the list.
(ii)
Soliciting persons for "area lists" from participants in past permit
proceedings in that area.
(iii)
Notifying the public of the opportunity to be put on the mailing list through
periodic publication in the public press and in such publications as regional
and state funded newsletters, environmental bulletins, or state law journals.
The commissioner may update the mailing list from time to
time by requesting written indication of continued interest from those listed.
The commissioner may delete from the list the name of any person who fails to
respond to such a request.
(E) Any unit of local government having
jurisdiction over the area where the facility is located or is proposed to be
located.
(F) Each state agency
having any authority under state law with respect to the construction or
operation of such facility.
(2) By publication of a notice in a daily or
weekly major newspaper of general circulation and broadcast over local radio
stations.
(3) 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 any other forum
or medium to elicit public participation.
(d) All public notices issued shall contain
the following minimum information:
(1) Name
and address of the office processing the permit action for which notice is
being given.
(2) Name and address
of the permittee or permit applicant and, if different, of the facility or
activity regulated by the permit.
(3) A brief description of the business
conducted or proposed to be conducted at the facility or activity described in
the permit application.
(4) Name,
address, and telephone number of a person from whom interested persons may
obtain further information, including copies of the draft permit, fact sheet,
and the application.
(5) A brief
description of the comment procedures required by sections 11 through 13 of
this rule and the time and place of any public hearing that will be held,
including a statement of procedures to request a public hearing (unless a
public hearing has already been scheduled) and other procedures by which the
public may participate in the permit decision.
(6) Any additional information considered
necessary or proper.
(e)
In addition to the general public notice described in subsection (d), the
public notice of a public hearing under section 12 of this rule shall contain
the following information:
(1) Reference to
the date of previous public notices relating to the permit.
(2) Date, time, and place of the public
hearing.
(3) A brief description of
the nature and purpose of the public hearing, including the applicable rules
and procedures.
(f) In
addition to the general public notice described in subsection (d), all persons
identified in subsection (c) shall be mailed a copy of the fact
sheet.
