Current through Register Vol. 6, March 22, 2024
(1) The department shall give public notice
that the following actions have occurred:
(a)
a permit application has been tentatively denied under ARM
17.30.1370(2);
(b) a draft permit has been prepared under
ARM 17.30.1370(4);
(c) a hearing has been scheduled under ARM
17.30.1374;
(d) an MPDES new source determination has
been made under ARM
17.30.1340.
(2) No public notice is required when a
request for permit modification, revocation and reissuance, or termination is
denied under ARM
17.30.1365(2).
Written notice of that denial must be given to the requester and to the
permittee.
(3) Public notices may
describe more than one permit or permit actions.
(4) Public notice of the preparation of a
draft permit (including a notice of intent to deny a permit application)
required under (1) must allow at least 30 days for public comment. If the
department determines that an environmental impact statement (EIS) must be
prepared for a new source, public notice of the draft permit may not be given
until after a draft EIS is issued. Public notice of a public hearing must 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.)
(5) Public notice
of activities described in (1) (a) must be given by the following methods:
(a) by mailing a copy of a notice to the
following persons (any person otherwise entitled to receive notice under this
rule may waive his or her rights to receive notice for any classes and
categories of permits) :
(i) the
applicant;
(ii) federal and state
agencies with jurisdiction over fish and wildlife resources and other
appropriate government authorities, including any affected states;
(iii) any state agency responsible for plan
development under federal Clean Water Act section 208(b) (2), 208(b) (4), or
303(e), and the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife
Service and the National Marine Fisheries Service;
(iv) any user identified in the permit
application of a privately owned treatment works;
(v) persons on a mailing list developed by:
(A) including those who request in writing to
be on the list;
(B) soliciting
persons for "area lists" from participants in past permit proceedings in that
area; and
(C) 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 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) ;
(vi)
(A) to any unit of local government having
jurisdiction over the area where the facility is proposed to be located;
and
(B) to each state agency having
any authority under state law with respect to the construction or operation of
such facility.
(b) for major permits and MPDES general
permits, a notice published in a daily or weekly newspaper within the area
affected by the facility or activity;
(c) in any other manner constituting legal
notice to the public under state law; and
(d) 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.
(6) All public notices issued under this rule
must 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;
(c) a brief description
of the business conducted at the facility or activity described in the permit
application or the 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 as the case may be, statement of basis or fact
sheet, and the application;
(e) a
brief description of the comment procedures required by ARM
17.30.1373 and
17.30.1374 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;
and
(f) a general description of
the location of each existing or proposed discharge point and the name of the
receiving water.
(7) In
addition to the general public notice described in (6) (a), the public notice
of a hearing under ARM
17.30.1374 must contain the
following information:
(a) reference to the
date of previous public notices 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.
(8) In
addition to the general public notice described in (4) (a), all persons
identified in (5) (a) (i) through (iv) must be afforded an opportunity to
request a copy of the fact sheet, the permit application (if any), and the
draft permit (if any).
75-5-201,
75-5-401, MCA; IMP,
75-5-401,
MCA;