§ 92.61. Public notice of permit application and public hearing.

 (a)  Public notice of every complete application for an NPDES permit will be published by the Department in the Pennsylvania Bulletin. The public notice will also be posted by the applicant near the entrance to the premises of the applicant and in nearby places. The contents of public notice of applications for NPDES permits will include at least the following:

   (1)  The name, address, phone number of agency issuing the public notice.

   (2)  The name and address of each applicant.

   (3)  A brief description of each applicant’s activities or operations which result in the discharge described in the application.

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

   (5)  A statement of the tentative determination to issue or deny an NPDES permit for the discharge described in the application. If there is a tentative determination to issue a permit, the determination will include proposed effluent limitations for those effluents proposed to be limited, a proposed schedule of compliance including interim dates and requirements for meeting the proposed effluent limitations and a brief description of any proposed special conditions which will have a significant impact upon the discharge described in the application.

   (6)  The location of the nearest downstream potable water supply considered in establishing proposed effluent limitations under this title, or a finding that no potable water supply will be affected by the proposed discharge.

   (7)  A brief description of the procedures for the formulation of final determinations, including the 30-day comment period required by subsection (d) and any other means by which interested persons may influence or comment upon those determinations.

   (8)  The address and phone number of State or interstate agency premises at which interested persons may obtain further information, request a copy of the fact sheet described in subsection (c) and inspect and copy NPDES forms and related documents.

   (9)  The antidegradation classification of the receiving surface water under §  93.4c(b)(1)(ii)(B) (relating to implementation of antidegradation requirements).

 (b)  The Department will organize the tentative determination prepared under subsection (a)(5) into a draft NPDES permit.

 (c)  For every discharge which has a total volume of more than 500,000 gallons on any day of the year, the Department will prepare and following public notice, will send to any person, upon request, a fact sheet with respect to the application described in the public notice. The contents of the fact sheets will include at least the following information:

   (1)  A sketch or detailed description of the location of the discharge described in the application.

   (2)  A quantitative description of the discharge described in the application which includes at least the following:

     (i)   The rate or frequency of the proposed discharge; if the discharge is continuous, the average daily flow in gallons per day or million gallons per day.

     (ii)   For thermal discharges subject to limitation under the Federal Act, the average summer and winter temperatures in degrees Fahrenheit.

     (iii)   The average daily discharge in pounds per day of any pollutants which are present in significant quantities or which are subject to limitations or prohibition under section 301, 302, 306 or 307 of the Federal Act (33 U.S.C.A. § §  1311, 1312, 1316 and 1317) and regulations promulgated thereunder.

   (3)  The tentative determinations required under subsection (a).

   (4)  A brief citation, including a brief identification of the uses for which the receiving waters have been classified, of the water quality standards and effluent standards and limitations applied to the proposed discharge.

   (5)  A fuller description of the procedures for the formulation of final determinations than that given in the public notice including:

     (i)   The 30-day comment period required by subsection (d).

     (ii)   Procedures for requesting a public hearing and the nature thereof.

     (iii)   Other procedures by which the public may participate in the formulation of the final determinations.

 (d)  There will be a 30-day period following publication of notice during which written comments may be submitted by interested persons before the Department makes its final determination on a permit application. All written comments submitted during the 30-day comment period will be retained by the Department and considered in the formulation of the final determinations with respect to the application. The period for comment may be extended at the discretion of the Department for one additional 15-day period. The Department will provide an opportunity for the applicant, any affected state, any affected interstate agency, the Regional Administrator or any interested agency, person or group of persons to request or petition for a public hearing with respect to the application. The request or petition for public hearing shall be filed within the 30 day period allowed for filing of written comments and shall indicate the interest of the party filing the request and the reasons why a hearing is warranted. A hearing will be held if there is a significant public interest, including the filing of requests or petitions for the hearing; in holding the hearing. Instances of doubt should be resolved in favor of holding the hearing. Any hearing brought under this subsection will be held in the geographical area of the proposed discharge or other appropriate area and may, as appropriate, consider related groups of permit applications.

 (e)  If a public hearing is requested, notice of the hearing will be published in the Pennsylvania Bulletin, and in at least one newspaper of general circulation within the geographical area of the discharge and will be sent to all persons or government agencies which received a copy of the notice or the fact sheet for the application. All of the notices of a public hearing will be published at least 30 days before the hearing. Notice of public hearing will include at least the following:

   (1)  The name, address and phone number of agency holding the public hearing.

   (2)  The name and address of each applicant whose application will be considered at the hearing.

   (3)  The name of the waterway to which each discharge is made and a short description of the location of each discharge on the waterway.

   (4)  A brief reference to the public notice issued for each application, including identification number and date of issuance.

   (5)  Information regarding the time and location for the hearing.

   (6)  The purpose of the hearing.

   (7)  A concise statement of the issues raised by the persons requesting the hearing.

   (8)  The address and phone number of premises at which interested persons may obtain further information, request a copy of each fact sheet prepared under subsection (c), and inspect and copy NPDES forms and related documents.

   (9)  A brief description of the nature of the hearing, including the rules and procedures to be followed.

 (f)  A copy of the notice of an application or a hearing and relevant fact sheets will be mailed to any person or group upon request. A person or group desiring to receive fact sheets, notices of applications, or notices of hearings on a routine basis may request to be placed on a mailing list to receive copies of all notices. The Department will annually review mailing lists, contact recipients and terminate mailings unless the recipient indicates desire to continue receiving the mailings.

 (g)  When the determination of the Department to issue or deny an NPDES permit is appealed to the EHB, notice of the appeal, and notice of the hearing date, if any, will be published in the Pennsylvania Bulletin. In addition, notice of the Department’s final action, arrived at either through settlement or as the result of a decision of the Hearing Board, will be published in the Pennsylvania Bulletin.

   The provisions of this §  92.61 amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P. S. § §  691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  92.61 amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059. Immediately preceding text appears at serial pages (228259) to (228260) and (258037) to (258038).

   Posted Notice

   A landowner failed to file a timely appeal after receipt of what was determined to be a properly noticed administrative agency action and as the prescribed time limits for appeals are jurisdictional, the Board lost the jurisdiction that it would have otherwise had and the landowner’s petition for allowance of an appeal nunc pro tunc was denied. Grimaud v. Department of Environmental Resources, 638 A.2d 299 (Pa. Cmwlth. 1994).

   This section cited in 25 Pa. Code §  92.65 (relating to notice to other government agencies); 25 Pa. Code §  92.67 (relating to notice of reissuance of permits); 25 Pa. Code §  92.82 (relating to public notice and public hearing); 25 Pa. Code §  93.4c (relating to implementation of antidegradation requirements); 25 Pa. Code §  93.8d (relating to development of site-specific water quality criteria); and 25 Pa. Code §  96.7 (relating to public participation).