California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 27 - Regulations for Implementation of the Environmental Quality Act of 1970 › Article 6 - Exempt Regulatory Programs › Section 3779 - Notice of Filing of Draft SED; Public Comments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Upon completion of the Draft SED, the board shall post on its website a Notice
				  of Filing in a format similar to the one contained in Appendix C and shall
				  provide a copy to any person who requests it in writing. The Notice of Filing
				  shall indicate the applicable written comment period and date of the public
				  hearing on the adequacy of the Draft SED. The written comment period and the
				  public hearing on the adequacy of the Draft SED may, but need not, be held
				  contemporaneously with the comment period and the public hearing for the
				  project.
(b) Written Comments: The
				  board shall prescribe a written comment period on the adequacy of the Draft
				  SED. The written comment period shall be for a period of not less than 45 days,
				  which may be shortened to 30 days in exceptional circumstances as determined by
				  the board, or if the board makes the determinations specified in subdivisions
				  (e) and (f) of section
				  3777. The board may allow a longer
				  written comment period. The board may refuse to accept written comments
				  received after the noticed deadline. The board is not required to consider any
				  written comment that is received after the deadline.
(c) Oral Comments: The board shall conduct a
				  public hearing for the receipt of oral comments either during or after the
				  written comment period. If the public hearing is conducted during the written
				  comment period, it shall be at least 30 days after posting of the notice
				  described in subdivision (a). The board is not required to consider any oral
				  comment that is received after the public hearing.
(d) The board shall prepare written responses
				  to the significant environmental issues raised in the comments received during
				  the written comment period, including written comments, and oral comments
				  received at the public hearing if the public hearing is held prior to the close
				  of the written comment period. The board shall respond in writing or orally to
				  significant environmental issues raised at the public hearing. The board is not
				  required to respond to late comments. Copies of written responses shall be
				  available for any person to review prior to the board's approval of the SED.
				  Copies of written responses to public agency comments received during the
				  written comment period shall be provided to those agencies at least 10 days
				  prior to the board's approval of the SED. The comments received, and the
				  responses thereto, shall be included in the record of the board
				  action.
(e) At the close of the
				  public hearing, the board may either take action or defer action to a
				  subsequent meeting of the board. If the board defers action, the board must
				  allow additional public comment on the Draft SED only if recirculation would be
				  required for an environmental impact report pursuant to California Code of
				  Regulations, title 14, section
				  15088.5, in which case the board
				  may limit any additional public comment to the significant new information
				  contained in the recirculated Draft SED. If the board defers action and
				  recirculation would not be required, the board may consider the responses to
				  comments, approve the SED, and adopt the project at a subsequent board meeting
				  without accepting any additional public comment.
(f) The state board, when considering
				  approval of a regional board's adoption of an amendment to its water quality
				  control plan or guideline, shall prescribe a comment period of not less than 30
				  days. The state board may refuse to accept any comments received after the
				  noticed deadline. All comments submitted to the state board must be
				  specifically related to the final amendment adopted by the regional board. If
				  the regional board previously responded to the comment, the commenter must
				  explain why it believes that the regional board's response was inadequate. The
				  commenter must include either a statement that each of the comments was timely
				  raised before the regional board, or an explanation of why the commenter was
				  unable to raise the specific comment before the regional board. The state board
				  may refuse to accept any comments that do not include such a statement. The
				  state board is not required to consider any comment that is not in compliance
				  with this section.
1. Amendment
					 of section heading, repealer and new section and amendment of NOTE filed
					 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
Note: Authority cited: Section
						21082,
						Public Resources Code. Reference: Section
						21080.5,
						Public Resources Code.