Section 327IAC5-2-11.2. Public notice of comment period and public meetings for site-specific modification of water quality criteria and values; an antidegradation demonstration; a water quality improvement project; an alternate mixing zone demonstration; a variance

  2. (a) This section is applicable to the following:

(1) Site-specific modification to water quality criteria under 327 IAC 2-1-8.9 and Tier I water quality criteria and Tier II water quality values under 327 IAC 2-1.5-16.

(2) An antidegradation demonstration under 327 IAC 2-1.3-5.

(3) A water quality improvement project under 327 IAC 2-1.3-7.

(4) An alternate mixing zone under section 11.4(b)(4)(F) of this rule.

(5) A variance under 327 IAC 5-3-4.1(c).

  (b) Upon receipt of the information for a proposal listed in subsection (a), the commissioner shall provide notice, request comment, and, if requested, schedule and hold a public meeting in accordance with the following conditions:

(1) The commissioner shall provide notice of receipt of information related to subsection (a) in the following manner:

(A) Publication of a notice in a daily or weekly newspaper in general circulation throughout the area affected by the discharge for which the information was submitted.

(B) Send the notice to the following using electronic media whenever possible:

(i) Interested persons on either mailing list identified under the following:

(AA) 327 IAC 5-3-8(a).

(BB) 327 IAC 5-3-12(b)(1).

(ii) The applicant.

(2) The notice under subdivision (1) shall contain the following:

(A) The name and address of the department.

(B) The name and address of the applicant.

(C) An identification of the type of information submitted, such as a site-specific modification, antidegradation demonstration, water quality improvement project, alternate mixing zone, or variance.

(D) A brief description of the following:

(i) Location of any existing or proposed discharge point subject to the proposal listed in subsection (a), including an identification of the receiving water or waters.

(ii) The applicant's activities or operations that result in the discharge identified in the information related to subsection (a).

(iii) The comment procedures and the procedures to request a public meeting.

(E) An identification of the regulated pollutant proposed to be discharged.

(F) Information on how to contact the department so interested persons may obtain further information, including a copy of the information that was submitted related to subsection (a).

(3) If requested by at least twenty-five (25) persons living or working within the same ten (10) digit watershed or within fifteen (15) miles of the proposed discharge, the commissioner shall hold a public meeting on the information that was submitted related to subsection (a) in accordance with the following provisions:

(A) The commissioner shall provide notice of the public meeting as follows:

(i) Publication of a notice in a daily or weekly newspaper in general circulation throughout the area affected by the discharge for which the information related to subsection (a) was submitted.

(ii) Send the notice, using electronic media whenever possible, to the following interested persons:

(AA) Persons on the mailing list identified under 327 IAC 5-3-8(a).

(BB) Persons on the mailing list identified under 327 IAC 5-3-12(b)(1).

(CC) Those persons that commented on the notice of receipt of the information for the proposal related to subsection (a).

(iii) Send the notice to the applicant.

(B) The notice required by clause (A) shall contain the following:

(i) The date, time, and place of the public meeting.

(ii) The information required under subdivision (2).

(C) The meeting shall be held at least ten (10) days after the later of the following:

(i) The notice in accordance with clause (A)(i) appears in the newspaper.

(ii) The date of the notice sent to interested parties and to the applicant in accordance with clause (A)(ii) and (A)(iii).

(D) The meeting shall be recorded by any method of accurately and completely recording the details of the meeting.

(E) For the information related to a proposal that is listed in subsection (a), the commissioner shall request the applicant submitting the information to provide at the meeting a summary and rationale for the proposal described by the submitted information.

(F) At the commissioner's discretion, a public meeting may be noticed and held without having first received a request for a public meeting. In these instances, the notice for the public meeting may be included in the notice of receipt of the information for the proposal related to subsection (a).

(4) The time period under IC 13-15-4-1 is hereby changed to increase the period by:

(A) thirty (30) days for any permit application subject to the time period that is affected by the information for the proposal related to subsection (a); and

(B) an additional thirty (30) days beyond the period extended under clause (A) if a public meeting is requested under subdivision (3).

(Water Pollution Control Division; 327 IAC 5-2-11.2; filed Jan 14, 1997, 12:00 p.m.: 20 IR 1435; errata filed Aug 11, 1997, 4:15 p.m.: 20 IR 3378; filed Feb 14, 2005, 10:05 a.m.: 28 IR 2101; filed May 29, 2012, 3:19 p.m.: 20120627-IR-327080764FRA)