[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR233.32]

[Page 293-294]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 233--404 STATE PROGRAM REGULATIONS--Table of Contents
 
                      Subpart D--Program Operation
 
Sec. 233.32  Public notice.

    (a) Applicability.
    (1) The Director shall give public notice of the following actions:
    (i) Receipt of a permit application.
    (ii) Preparation of a draft general permit.
    (iii) Consideration of a major modification to an issued permit.
    (iv) Scheduling of a public hearing.
    (v) Issuance of an emergency permit.
    (2) Public notices may describe more than one permit or action.
    (b) Timing.
    (1) The public notice shall provide a reasonable period of time, 
normally at least 30 days, within which interested

[[Page 294]]

parties may express their views concerning the permit application.
    (2) Public notice of a public hearing shall be given at least 30 
days before the hearing.
    (3) The Regional Administrator may approve a program with shorter 
public notice timing if the Regional Administrator determines that 
sufficient public notice is provided for.
    (c) The Director shall give public notice by each of the following 
methods:
    (1) By mailing a copy of the notice to the following persons (any 
person otherwise entitled to receive notice under this paragraph may 
waive his rights to receive notice for any classes or categories of 
permits):
    (i) The applicant.
    (ii) Any agency with jurisdiction over the activity or the disposal 
site, whether or not the agency issues a permit.
    (iii) Owners of property adjoining the property where the regulated 
activity will occur.
    (iv) All persons who have specifically requested copies of public 
notices. (The Director may update the mailing list from time to time by 
requesting written indication of continued interest from those listed. 
The Director may delete from the list the name of any person who fails 
to respond to such a request.)
    (v) Any State whose waters may be affected by the proposed 
discharge.
    (2) In addition, by providing notice in at least one other way (such 
as advertisement in a newspaper of sufficient circulation) reasonably 
calculated to cover the area affected by the activity.
    (d) All public notices shall contain at least the following 
information:
    (1) The name and address of the applicant and, if different, the 
address or location of the activity(ies) regulated by the permit.
    (2) The name, address, and telephone number of a person to contact 
for further information.
    (3) A brief description of the comment procedures and procedures to 
request a public hearing, including deadlines.
    (4) A brief description of the proposed activity, its purpose and 
intended use, so as to provide sufficient information concerning the 
nature of the activity to generate meaningful comments, including a 
description of the type of structures, if any, to be erected on fills, 
and a description of the type, composition and quantity of materials to 
be discharged.
    (5) A plan and elevation drawing showing the general and specific 
site location and character of all proposed activities, including the 
size relationship of the proposed structures to the size of the impacted 
waterway and depth of water in the area.
    (6) A paragraph describing the various evaluation factors, including 
the 404(b)(1) Guidelines or State-equivalent criteria, on which 
decisions are based.
    (7) Any other information which would significantly assist 
interested parties in evaluating the likely impact of the proposed 
activity.
    (e) Notice of public hearing shall also contain the following 
information:
    (1) Time, date, and place of hearing.
    (2) Reference to the date of any previous public notices relating to 
the permit.
    (3) Brief description of the nature and purpose of the hearing.