Current through November, 2024
Section 11-55-14 - public notice of public hearings(a) Public notice of any hearing held under section 11-55-13 shall be circulated as widely as the notice of the draft permit. Public notice for hearings held under section 11-55-13 shall be: (1) Published in accordance with section 1-28.5, HRS;(2) Sent to all persons and government agencies which received a copy of the notice or the fact sheet for the NPDES permit application;(3) Mailed or emailed to any person or group upon request and the persons listed in 40 CFR §§ 124.10(c) (1)(i) through (v), (ix), and (x); and(4) Effected under paragraphs (1) and (3) at least thirty days in advance of the hearing.(b) The public notice of any hearing held under section 11-55-13 shall include at least the following information:(1) Name and address of the agency holding the public hearing;(2) Name and address of each owner or operator or both whose NPDES permit application will be considered at the hearing and the name and address of the facility or activity;(3) 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;(4) A brief reference to the public notice for proposed action issued for each NPDES permit application, including identification number and date of issuance, if applicable;(5) Information regarding the date, time, and location of the hearing;(6) The purpose of the hearing, including a concise statement of the issues raised by the persons requesting the hearing, as applicable:(7) A brief description of the nature of the hearing, including the rules and procedures to be followed; and(8) 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 each 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.(c) All publication and mailing costs associated with the public notification of the director's determinations to hold public hearing 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; 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, 1342, 1370, 1251-1387; 40 CFR Parts 122; 123; 124, Subparts A and D; 125; §§123.25(a), 124.10)Comp 10/21/12; Comp 12/6/13; Comp 11/15/14; Comp 7/13/2018