Section R18-9-A907. Public Notice

A.      Individual permits.

1.        The Director shall publish a notice that a draft individual permit has been prepared, or a permit application has been tentatively denied, in one or more newspapers of general circulation where the facility is located. The notice shall contain:

a.         The name and address of the Department;

b.        The name and address of the permittee or permit applicant and if different, the name of the facility or activity regulated by the permit;

c.         A brief description of the business conducted at the facility or activity described in the permit applica- tion;

d.        The name, address, and telephone number of a per- son from whom an interested person may obtain fur- ther information, including copies of the draft permit, fact sheet, and application;

e.         A brief description of the comment procedures, the time and place of any hearing, including a statement of procedures to request a hearing (unless a hearing has already been scheduled), and any other proce- dure by which the public may participate in the final permit decision;

f.         A general description of the location of each existing or proposed discharge point and the name of the receiving water;

g.        For sources subject to section 316(a) of the Clean Water Act, a statement that the thermal component of the discharge is subject to effluent limitations under the Clean Water Act, section 301 (33 U.S.C. 1311) or 306 (33 U.S.C. 1316) and a brief descrip- tion, including a quantitative statement, of the ther- mal effluent limitations proposed under section 301 (33 U.S.C. 1311) or 306 (33 U.S.C. 1316);

h.        Requirements applicable to cooling water intake structures at new facilities subject to 40 CFR 125, subpart I; and

i.         Any additional information considered necessary to the permit decision.

2.        The Department shall provide the applicant with a copy of the draft individual permit.

3.        Copy of the notice. The Department shall provide the fol- lowing entities with a copy of the notice:

a.         The applicant or permittee;

b.        Any user identified in the permit application of a pri- vately owned treatment works;

c.         Any affected federal, state, tribal, or local agency, or council of government;

d.        Federal and  state agencies with jurisdiction over fish, shellfish, and wildlife resources, the Arizona Historic Preservation Office, and the U.S. Army Corps of Engineers;

e.         Each applicable county department of health, envi- ronmental services, or comparable department;

f.         Any person who requested, in writing, notification of the activity; and

g.        The Secretaria de Medio Ambiente y Recursos Naturales and the United States Section of the Inter- national Boundary and Water Commission, if the Department is aware the effluent discharge is expected to reach Sonora, Mexico, either through surface water or groundwater.

B.       General permits. If the Director considers issuing a general permit applicable to a category of discharge under R18-9- C901, the Director shall publish a general notice of the draft permit in the Arizona Administrative Register. The notice shall contain:

1.        The name and address of the Department,

2.        The name of the person to contact regarding the permit,

3.        The general permit category,

4.        A brief description of the proposed general permit,

5.        A map or description of the permit area,

6.        The web site or any other location where the proposed general permit may be obtained, and

7.        The ending date for public comment.

Historical Note

New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by

final rulemaking at 9 A.A.R. 5564, effective February 2,

2004 (Supp. 03-4).