Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 83 - Alaska Pollutant Discharge Elimination System Program › Article 2 - Permit Process › 18 AAC 83.120 - Public notice and comment; hearing on permit; issuance of final permit

Current through May 31, 2024
(a) The
				department will give notice to the public that a draft permit has been prepared
				under 18 AAC 83.115, and whether a
				hearing is scheduled. A public notice may describe more than one permit or
				permit action.
(b) In a public
				notice, the department will allow at least 30 days for public comment on the
				draft permit, and will give at least 30 days notice before the hearing. Notice
				of the draft permit and the hearing may be combined and given at the same
				time.
(c) Public notice of the
				preparation of a draft permit and any hearing on the draft permit must be given
				by the following methods:
(1) by mailing a
				copy of the notice to the following persons, unless any person entitled to
				receive notice under this paragraph waives that person's right to receive
				notice for any classes and categories of permits:
(A) the applicant, unless there is no
				applicant for an APDES general permit;
(B) any other agency that the department
				knows has issued or is required to issue a permit for the same facility or
				activity under the following laws and programs:
(i) Resource Conservation and Recovery Act,
				42 U.S.C.
				6921 -
				6939 e;
(ii) Underground Injection Control Program,
				42 U.S.C.
				300 f - 300j-26;
(iii) Clean Air Act,
				42 U.S.C.
				7401 -
				7671 q;
(iv) National Pollutant Discharge Elimination
				System Program, 33 U.S.C.
				1342;
(v) Sludge Management Program,
				33 U.S.C.
				1345;
(vi) Dredge and Fill Permit Program,
				33 U.S.C.
				1344; or
(vii) Ocean Dumping Permit Program under the
				Marine Research Protection and Sanctuaries Act,
				33 U.S.C.
				1412 -
				1414(b);
(C) federal and state agencies
				with jurisdiction over fish, shellfish, and wildlife resources, the federal
				Advisory Council on Historic Preservation, state historic preservation
				officers, and any affected Indian tribe;
(D) any state agency responsible for plan
				development under 33 U.S.C.
				1288(b)(2),
				33 U.S.C.
				1288(b)(4), or
				33 U.S.C.
				1313(e), and the United
				States Army Corps of Engineers, the United States Fish and Wildlife Service,
				and the National Marine Fisheries Service;
(E) any user identified in the permit
				application of a privately owned treatment works;
(F) persons on a mailing list developed by
(i) recording those who request in writing to
				be on the list;
(ii) soliciting
				persons for area lists from participants in past permit proceedings in that
				area; and
(iii) publishing notice
				on the department's website and through periodic publication in the local press
				and in regional and state-funded newsletters, environmental bulletins, state
				law journals or similar publications, of the opportunity to be on the mailing
				list; the department may update the mailing list from time to time by
				requesting written indication of continued interest from those listed, and may
				delete from the list the name of any person who fails to respond to the
				department's request;
(G) any unit of local government having
				jurisdiction over the area where the facility is proposed to be located;
				and
(H) each state agency having
				any authority under state law with respect to the construction or operation of
				the facility;