Section 327IAC5-3-12. Public notice of comment period; public hearings concerning permit determinations

   (a) Notice of every proposed determination on a permit issuance or denial and of a public hearing concerning such a proposed determination shall be circulated in a manner designed to inform interested persons. Notice of a proposed permit determination shall allow at least thirty (30) days for public comment, as specified in section 9 of this rule, and notice of a public hearing shall be given at least thirty (30) days before the hearing.

  (b) Public notices required by subsection (a) shall be given by the commissioner as follows:

(1) By transmitting a copy to the applicant, to EPA, to the U.S. Army Corps of Engineers, to federal and state agencies with jurisdiction over fish, shellfish, and wildlife resources (including the U.S. Fish and Wildlife Service and the Indiana department of natural resources), to other appropriate governmental authorities including any affected state, to any person on request, and to all persons on a mailing list for receipt of such notices.

(2) By publication of a notice in a daily or weekly newspaper in general circulation throughout the area affected by the discharge or, at the commissioner's discretion, by any other method reasonably calculated to give actual notice of the proposed permit action to persons potentially affected by it, including the use of press releases or by posting a copy of the information required under subsection (c) at the principal office of the municipality or political subdivision affected by the facility or discharge.

Any person otherwise entitled to receive notice under subdivision (1) may waive the right to receive notice for any classes and categories of permits.

  (c) All public notices issued under this section shall contain the following information:

(1) Name and address of this department.

(2) Except in the case of general permits, name and address of the applicant and the discharger (if different from the applicant) and a general description of the location of each existing or proposed discharge point, including the receiving water.

(3) A brief description of the applicant's activities or operations that result in the discharge described in the application, and a statement whether the application pertains to a new or existing discharge.

(4) A brief description of the tentative permit determination, e.g., to issue, deny, modify, revoke and reissue, terminate the permit, or grant or deny a request for variance from applicable water quality standards, in accordance with section 4.1 of this rule.

(5) If the applicant has properly applied under Section 316(a) of the Clean Water Act (33 U.S.C. 1326(a)) for a thermal variance, a statement to that effect. The notice shall state that all data submitted by the applicant are available as part of the administrative record for public inspection during office hours. The notice shall also include the following:

(A) A brief description, including a quantitative statement, of the thermal effluent limitations proposed under Section 301 or 306 of the Clean Water Act (33 U.S.C. 1311 or 33 U.S.C. 1316).

(B) A statement that alternative less stringent effluent limitations may be imposed on the thermal component of the discharge under Section 316(a) of the Clean Water Act (33 U.S.C. 1326(a)) and a brief description, including a quantitative statement, of the alternative effluent limitations, if any, included in the application.

(C) If the applicant has filed an early screening application for a Clean Water Act Section 316(a) (33 U.S.C. 1326(a)) variance under 327 IAC 5-7-3, a statement that the applicant has submitted such a plan.

(6) A brief description of the comment procedures provided under section 9 of this rule and a statement of the right and procedures to request a public hearing.

(7) Name of a contact person, and an address and telephone number where interested persons may obtain further information, including copies of the draft permit and the statement of basis or fact sheet.

  (d) Notice of the formulation of a draft general permit and the issuance of a final general permit under 327 IAC 15 shall:

(1) meet the requirements of subsection (c) and shall also include:

(A) a brief description of the types of activities or operations to be covered by the general permit;

(B) a map or description of the general permit boundary; and

(C) the basis for choosing the general permit boundary;

(2) be published on the IDEM website and in one (1) or more daily or weekly newspapers in general circulation within the general permit boundaries; and

(3) comply with the public notice requirements in 40 CFR 123.25(a)(28).

In addition to the publication required by subdivisions (2) and (3), the commissioner shall use all other reasonable means to notify affected dischargers of the draft and final general permit, including the transmitting of a copy of such notice to those permittees which are affected.

  (e) In addition to the information required under subsection (c), public notice of a public hearing held under section 9 of this rule shall contain the following information:

(1) Reference to the date and identification number of the public notice of the draft permit.

(2) Date, time, and place of the hearing.

(3) A brief description of the nature and purpose of the hearing including the applicable rules and procedures.

  (f) The commissioner, at the commissioner's discretion, may include in any notice of a tentative permit determination under subsection (c) a notice of hearing in accordance with subsection (e), whether or not any request for such hearing shall have been submitted to him or her.

  (g) The mailing list referred to in subsection (b)(1) and consists of those persons who request to be on the list to receive copies of all public notices. Such a request shall be made in writing to the department and shall be renewed annually in the month of January. Failure to renew the request will be cause for the commissioner to remove a name from the appropriate mailing list. Availability of the mailing list will be publicized periodically through press releases and notices in the Indiana Register, IDEM website, or other appropriate publications. The commissioner may establish regional mailing lists in addition to or in place of a statewide list. (Water Pollution Control Division; 327 IAC 5-3-12; filed Sep 24, 1987, 3:00 p.m.: 11 IR 639; filed Feb 26, 1993, 5:00 p.m.: 16 IR 1761; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA; filed Oct 9, 2015, 4:07 p.m.: 20151104-IR-327100659FRA; errata filed Dec 30, 2015, 12:37 p.m.: 20160113-IR-327150453ACA)