North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33-16-01-07 - Public notice

Current through Supplement No. 393, July, 2024
1. Public notice of
				every national pollutant discharge elimination system draft permit shall be
				circulated in a manner designed to inform interested and potentially interested
				persons of the proposed discharge and of the proposed determination to issue or
				deny a national pollutant discharge elimination system permit for the proposed
				discharge. Procedures for the circulation of public notice shall include at
				least the following:
a. Notice of a major
				facility permit or general permit shall be published in a daily or weekly
				newspaper within the area affected by the facility or activity.
b. Notice of all other permits shall be
				circulated within the geographical areas of the proposed discharge; such
				circulation may include any or all of the following:
(1) Posting in the post office and public
				places of the municipality nearest the premises of the applicant in which the
				effluent source is located.
(2)
				Posting near the entrance to the applicant's premises and in nearby
				places.
(3) Publishing in local
				newspapers and periodicals, or, if appropriate, in a daily newspaper of general
				circulation.
(4) Any other method,
				including press releases, which will reasonably provide actual notice of the
				proposed action to the persons potentially affected.
c. Notice shall be mailed to the following
				persons:
(1) Any user identified in the permit
				application of a privately owned treatment works.
(2) Persons who are on the mailing
				list.
(3) Local governmental units
				which have jurisdiction over the area where the facility is proposed to be
				located and each state agency which has authority with respect to the
				facility's construction or operation.
d. Notice, a copy of the permit application,
				the statement of basis or fact sheet if required by section 33-16-01-08, and
				the draft permit prepared pursuant to section 33-16-01-06 shall be mailed to
				the following persons:
(1) The applicant,
				except for those national pollutant discharge elimination system general
				permits for which there is no applicant.
(2) Any other agency which is known to have
				issued or to be required to issue an environmental control permit for the same
				facility or activity.
(3) Federal
				and state agencies with jurisdiction over fish, shellfish, and wildlife
				resources, the advisory council on historic preservation, and the state
				historic preservation officers, including any affected states or Indian
				tribes.
(4) Any state agency
				responsible for plan development under sections 208(b)(2), 208(b)(4), and
				303(e) of the Clean Water Act, the United States army corps of engineers, the
				United States fish and wildlife service, and the national marine fisheries
				service.
e. The
				department shall add the name of any person or group upon request to the
				mailing list. The department shall also post on its website annually an
				invitation to be added to the mailing list.