[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR233.32]



[Page 297-298]

 

                   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 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



[[Page 298]]



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.