Section 323.2130. Permit applications; public hearings, determinations, and scheduling.

(1) Within the 30-day comment period or other applicable comment period provided after posting or publishing of a public notice pursuant to R 323.2119, an applicant, any affected state or state or interstate agency or country, the regional administrator, or any other interested person or agency may file a petition with the department for a public hearing on an application for a state or national permit. A petition for a public hearing shall indicate the reasons why a hearing is requested, the interest in or relationship of the petitioner to the application or existing or proposed discharge identified therein, and specifically indicate which portions of the application or other NPDES form or information constitutes necessity for a public hearing. If the department determines that a petition constitutes sufficient cause or that there is sufficient public interest in an application for a public hearing, it may direct the scheduling of  a hearing thereon.

(2)   A hearing shall be scheduled not less than 4 weeks nor more than 8 weeks after the department determines the necessity of the hearing in the geographical location of the applicant or, at the discretion of  the department, at another appropriate location, and shall be noticed not less than 30 days before the hearing in the same manner as the public notice on an application pursuant to R 323.2117 and R 323.2118. The notice  of  public hearing shall be transmitted to the applicant and shall be published in at least 1 newspaper of general circulation in the  geographical  area  of the existing or proposed discharge identified on the permit application and shall be mailed to any person or group upon request  therefore.    Notice  shall   be mailed to all

persons and governmental agencies which received a copy of  the notice or the fact sheet for the permit application.

(3)   The department may hold a single public hearing on related groups of permit applications.

History: 1979 AC; 2003 AACS.