15A NCAC 02H .0109       PUBLIC NOTICE

(a)  Notice of Application

(1)        Public notice of each complete individual NPDES permit application and each general NPDES permit shall be circulated in the geographical areas of the proposed discharge by the Director at least 45 days prior to any proposed final action:

(A)       by publishing the notice one time in a newspaper having general circulation in said county; and

(B)       by mailing the notice to all persons or agencies listed in Subsection (c) of this Rule.

(2)        The notice shall set forth at least the following:

(A)       name, address, and phone number of the agency issuing the public notice;

(B)       name and address of each applicant;

(C)       brief description of each applicant's activities or operations which result in the discharge described in the NPDES application;

(D)       name of waterway to which each discharge is made and a short description of the location of each discharge on the waterway indicating whether such discharge is a new or an existing discharge;

(E)       a statement of the tentative determination to issue or deny an NPDES permit for the discharge described in the NPDES application;

(F)        a brief description of the procedures for the formulation of final determinations, including a 30‑day comment period and any other means by which interested persons may influence or comment upon the determinations; and

(G)       address and phone number of state agency premises at which interested persons may obtain further information, request a copy of the draft permit, request a copy of the fact sheet, and inspect and copy NPDES application forms and related documents.  Copies of the fact sheet shall be made available free upon request.  Copies of the information on file, other than fact sheets, will be made available upon request and payment of the cost of reproduction.

(3)        Public notice for those activities covered by Certificates of Coverage issued pursuant to a general permit and Authorizations to Construct shall not be required.

(b)  Notice of Public Meeting

(1)        Notice of public meeting on any NPDES permit application shall be circulated in the geographical areas of the proposed discharge by the Director at least 30 days prior to the date of the meeting:

(A)       by publishing the notice one time in a newspaper having general circulation in said county;

(B)       by mailing the notice to all persons and government agencies which received a copy of the notice or the fact sheet for the NPDES application; and

(C)       by mailing the notice to any person or group upon request.

(2)        The notice of any public meeting shall include at least the following:

(A)       name, address, and phone number of agency holding the public meeting;

(B)       name and address of each applicant whose application will be considered at the meeting;

(C)       name of waterway to which each discharge is made and a short description of the location of each discharge on the waterway;

(D)       a brief reference to the public notice issued for each NPDES application including identification number and date of issuance;

(E)       information regarding the time and location for the meeting;

(F)        the purpose of the meeting;

(G)       address and phone number of premises at which interested persons may obtain further information, request a copy of each draft NPDES permit, request a copy of each fact sheet, and inspect and copy NPDES forms and related documents; and

(H)       a brief description of the nature of the meeting including the rules and procedures to be followed; The notice shall also state that additional information is on file with the Division of Environmental Management, Department of Environment, Health, and Natural Resources at the Archdale Building at 512 North Salisbury Street, Raleigh, North Carolina, and may be inspected at any time during normal working hours.  Copies of the information on file will be made available upon request and payment of cost of reproduction.

(c)  Mailing Lists.  Any person may request to receive copies of all notices required under this Rule and the Director shall mail such notice to any such person.  An annual charge of twenty‑five dollars ($25.00) may be charged for any person desiring to be placed and maintained on the NPDES Permit mailing list.  The Director shall also give notice to the following for NPDES permits:

(1)        State water pollution control agency for the States of Virginia, South Carolina, Tennessee, and Georgia;

(2)        Appropriate district engineer, U.S. Army Corps of Engineers;

(3)        Lead agency responsible for preparation of plan pursuant to Section 208(b) of the Clean Water Act, 33 U.S.C. Section 1251 et seq, in approved 208 areas;

(4)        State agency responsible for the preparation of plans pursuant to Section 303(e) of the Clean Water Act, 33 U.S.C. Section 1251 et seq;

(5)        North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Health; and

(6)        Any other federal, state, or local agency upon request.

 

History Note:        Authority G.S. 143‑215.1(a)(1); 143‑215.1(c); 143‑215.4(a); 143‑215.4(c);

Eff. February 1, 1976;

Amended Eff. March 1, 1993; August 1, 1988; October 1, 1987; December 1, 1984.