Current through Reg. 49, No. 52; December 27, 2024
(a) National
Pollutant Discharge Elimination System (NPDES) permits. No person may conduct
any activity under federal permit or license that may result in any discharge
into or adjacent to water in the state unless the person has received a
certification or waiver under this chapter. The regional administrator or the
permit applicant may submit a request for certification.
(1) If state certification has not been
received by the time the draft NPDES permit is prepared, the regional
administrator shall, pursuant to 40 Code of Federal Regulations §124.53, submit
to the executive director:
(A) a copy of a
draft permit; and
(B) a request for
certification.
(2) If
the permit applicant requests certification of the NPDES permit application, he
shall submit to the executive director:
(A) a
copy of the completed NPDES permit application and any amendments
thereto;
(B) a list on a map or on
a separate sheet attached to a map of the names and addresses of owners of
tracts of land adjacent to the site to be permitted; and
(C) a request for certification.
(3) The executive director may
elect to delay acting upon a request for certification until the draft NPDES
permit is prepared and notice thereof has been issued.
(b) Department of the Army permits. No person
may conduct any activity under federal permit or license that may result in any
discharge into or adjacent to water in the state unless the person has received
a certification or waiver under this chapter. The district engineer or the
permit applicant may submit a request for certification.
(1) If state certification is requested by
the district engineer, he shall, pursuant to 33 Code of Federal Regulations
§325.2(b)(ii), submit to the executive director:
(A) a copy of the public notice;
(B) a request for certification;
and
(C) a copy of the complete
permit application upon request.
(2) If the permit applicant requests
certification, he shall submit to the executive director:
(A) a copy of the completed permit
application and any amendments thereto;
(B) a list on a map or on a separate sheet
attached to a map of the names and addresses of owners of tracts of land
adjacent to the site to be permitted; and
(C) a request for certification.
(3) The executive director may
elect to delay acting on a request for certification until after a review of a
final permit decision document.
(c) Other federal licenses or permits. For
those federal licenses or permits issued by federal agencies other than the EPA
or the Department of the Army that may result in any discharge into or adjacent
to water in the state, the permittee must receive certification or waiver under
this chapter prior to conducting any permitted activity.
(1) If state certification is requested by
the federal agency, that agency shall submit to the executive director:
(A) a copy of the public notice;
(B) a request for certification;
and
(C) a copy of the complete
permit application upon request.
(2) If the permit applicant requests
certification, he shall submit to the executive director:
(A) a copy of the completed permit
application and any amendments thereto;
(B) a list on a map or on a separate sheet
attached to a map of the names or addresses of owners of tracts of land
adjacent to the site to be permitted; and
(C) a request for certification.
(3) The executive director may
elect to delay acting on a request for certification until the licensing or
permitting agency publishes notice of the application and/or the executive
director has reviewed the draft permit.
(d) Review of application for certification.
Where the executive director believes more information is required in order to
accomplish the review of the request for certification, he shall notify the
applicant or licensing or permitting agency and request the
information.
(e) Submission of
additional materials. The applicant shall submit in timely fashion, at any time
during the review process, additional materials that the executive director
finds to be necessary for review of the application. In no case will the
applicant have less than 30 days to submit the information.
