Section 11-55-09 - Public notice of applications(a) The director shall notify the public of every complete application for an individual permit in a manner designed to inform interested and potentially interested persons of the proposed discharge and of the proposed determination to issue an individual permit for the proposed discharge. Public notification of an application for a variance from an individual permit, under Section 316(a) of the Act, 33 U.S.C. § 1326(a), and section 342D-7, HRS, shall also comply with the requirements contained in 40 CFR §124.57(a). Public notice procedures shall include at least the following: (1) Notice shall comply with section 1-28.5, HRS;(2) Notice shall be mailed or emailed to any person or group upon request and the persons listed in 40 CFR §§ 124.10(c)(1)(i) through (v); and(3) The director shall add the name of any person, including those specified in 40 CFR §§ 124.10(c) (1) (ix) and (x), or group upon request to a mailing list to receive copies of notices for all NPDES permit applications within the State or within a certain geographical area.(b) The director shall provide a period of not less than thirty days following the date of the public notice during which time interested persons may submit their written views on the tentative determinations with respect to the NPDES permit application. All written comments submitted during the thirty-day comment period shall be retained by the director and considered in the formulation of the director's final determination with respect to the NPDES permit application. The director shall respond to comments, at a minimum, when and as required by 40 CFR §§ 124.17(a) and (c). The comment period may be extended at the discretion of the director.(c) The public notice shall include at least the following: (1) Name and address of the agency issuing the public notice;(2) Name and address of each owner or operator or both and the name and address of the facility or activity;(3) A brief description of the activities or operations which result in the discharge described in the NPDES permit application;(4) Name of the state water to which each discharge is made, a short description of the location of each discharge, and whether the discharge is a new or an existing discharge; (5) A statement of the tentative determination to issue or deny an individual permit for the discharge described in the NPDES permit application;(6) A brief description of the procedures for the formulation of final determinations, including the procedures for public comment, requesting a public hearing, and any other means of public participation offered;(7) Name, address, and telephone number of a person at the state or interstate agency where interested persons may: (A) Obtain further information;(B) Request a copy of the draft permit prepared under section 11-55-08 (b);(C) Request a copy of the fact sheet prepared under section 11-55-10 (if prepared); and(D) Inspect and copy NPDES forms and related documents; and(8) Requirements applicable to cooling water intake structures under section 316(b) of the Act, in accordance with Part 125, Subparts I and J.(d) All publication and mailing costs associated with the public notification of the director's tentative determinations with respect to the NPDES permit application shall be paid by the owner or operator to the appropriate publishing agency or agencies determined by the director. The owner or operator shall submit the original signed affidavit of publication to the department within four weeks of the publication date. Failure to provide and pay for public notification, as deemed appropriate by the director, is a basis to delay issuance of an individual permit. [Eff 11/27/81; am and comp 10/29/92; Eff 09/23/96; am and comp 09/22/97; comp 01/06/01; am and comp 11/07/02; am and comp 08/01/05; am and comp 10/22/07; comp JUN 15 2009] (Auth: HRS §§ 342D-4, 342D-5, 342D-6, 342D-13; 33 U.S.C. §§1251, 1342, 1370 ) (Imp: HRS §§ 342D-2, 342D-4, 342D-5, 342D-6; 33 U.S.C. §§1251, 1326(a), 1342, 1370, 1251-1387; 40 CFR Parts 122; 123; 124, Subparts A and D; 125; §§123.25(a), 124.10, 124.13, 124.17, 124.57)Comp 10/21/12; Comp 12/6/13; Comp 11/15/14; Comp 7/13/2018