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approved continuing planning process
APPENDIX A pursuant to section 303(e) of the Act and
SAMPLE PUBLIC NOTICE must assure that its approved planning DEPARTMENT OF ENVIRONMENTAL PROTECTION process is at all times consistent with
DIVISION OF WATER QUALITY AND RESOURCES, the Act.
1616 COURT HOUSE DRIVE, CAPITAL CITY, STATE
(ZIP) 307-445-8922 $ 124.94 Agency Board membership. Each State or interstate agency par
(Public Notice No. OPP-72-301; Application
No. CIY-400-60-301) ticipating in the NPDES shall insure that any board or body which approves
AUGUST 12, 1973. NPDES permit applications or portions
NOTICE-APPLICATION FOR NPDES PERMIT TO thereof shall not include as a member,
DISCHARGE TO STATE WATERS any person who receives, or has during
Acme Paper Products, Inc., 11345 North
Fremont Street, Cape Rockaway, State (ZIP), the previous 2 years received, a signifi
has applied for a Department of Environcant portion of his income directly or mental Protection permit to discharge polluindirectly from permit holders or appli
tants into State waters. cants for a permit.
Applicant is a manufacturer of bleached (a) For the purposes of this section,
grades of paper from kraft pulp. Two exist
ing discharges are described in the applicathe term “board or body" includes any
tion: One of the utility waste water from individual, including the Director, who applicant's steam generating plant and the has or shares authority to approve permit
other of process wastes from the manufacture applications or portions thereof either in of pulp and paper. Both discharges are presthe first instance or on appeal.
ently to Martin Creek one-half-mile up
stream from Whitehall Bay. (b) For the purposes of this section, On the basis of preliminary staff review the term “significant portion of his in- and application of lawful standards and regcome" shall mean 10 percent of gross
ulations, the Division of Water Quality and personal income for a calendar year,
Resources proposes to issue a permit to dis
charge subject to certain effluent limitations except that it shall mean 50 percent of
and special conditions. These proposed detergross personal income for a calendar year minations are tentative. Persons wishing to if the recipient is over 60 years of age comment upon or object to the proposed and is receiving such portion pursuant to
determinations are invited to submit same in
writing to the above address no later than retirement, pension, or similar arrange
September 12, 1973. All comments or obment.
jections received prior to September 12, 1973, (c) For the purposes of this section, will be considered in the formulation of final the term “permit holders or applicants determinations regarding the application. If for a permit” shall not include any de
no objections are received, the Director will
issue his final determinations within 60 days partment or agency of a State govern
of the date of this notice. A public hearing ment, such as a Department of Parks or
may be held is response to this notice india Department of Fish and Wildlife.
cates significant public interest. (d) For the purposes of this section, The application, proposed permit including the term "income" includes retirement proposed effluent limitations and special conbenefits, consultant fees, and stock divi- ditions, fact sheets, comments received, and
other information is on file and may be indends.
spected and copied in Room 814, 1616 Court (e) For the purposes of this section,
House Drive, Capital City, State (ZIP), at Income is not received “directly or in- any time between 8:15 a.m. and 4:45 p.m., directly from permit holders or appli- Monday through Friday. Fact sheets and cants for a permit” where it is derived
further information may be obtained by from mutual-fund payments, or from
writing to the above address or by calling the
Omce of Permit Processing at 307–445–8922. other diversified investments over which
APPENDIX B the recipient does not know the identity of the primary sources of income.
SAMPLE FACT SHEET FOR MAILING TO INTERESTED
AND POTENTIALLY INTERESTED PERSONS AND Subpart K-NPDES Application and GOVERNMENT AGENCIES
Reporting Forms [Reserved] DEPARTMENT OF ENVIRONMENTAL PROTECTION (Reserved for NPDES application and re
DIVISION OF WATER QUALITY AND RESOURCES, porting forms, along with guidelines and in- 1616 COURT HOUSE DRIVE, CAPITAL CITY, STATE structions for their use by applicants for
(ZIP) 307-445-8922 NPDES permits and by State and interstate (Public Notice No. OPP-72-301; Application programs participating in the NPDES.)
FACT SHEET-APPLICATION FOR NPDES PERMIT
TO DISCHARGE TO STATE WATERS Acme Paper Products, Inc., 11345 North Fremont Street, Cape Rockaway, State (ZIP), has applied for a Department of Environmental Protection permit to discharge pollutants into State waters.
Applicant is a manufacturer of bleached grades of paper from kraft pulp. Two discharges are described in the application: One of utility waste water from applicant's steam generating plant and the other of process wastes from the manufacture of pulp and paper. Both discharges are to Martin Creek one-half-mile upstream from Whitehall Bay. The receiving waters are classified for industrial and navigation use, contact recreation, and propagatinn of fish and wildlife. A more complete description of the discharges and a sketch of their location follow below.
The application, proposed permit including proposed effluent limitations and special conditions, comments received, and other information is on file and may be inspected and copied in Room 814, 1616 Court House Drive, Capital City, State (ZIP), at any time between 8:15 a.m. and 4:45 p.m., Monday through Friday.
The proposed staff determinations are tentative. Persons wishing to comment upon or object to the proposed determinations are invited to submit same in writing to the above address no later than September 12, 1973. All comments or objections received prior to September 12, 1973, will be considered in the formulation of final determinations regarding the application. If no objections are received, the Director will issue his final determinations within 60 days of the date of public notice. As described more fully below, a public hearing may be held 11 response to public notice indicates significant public interest.
the above application. On the basis of applicable effluent limitations and water quality standards, the State Water Quality and Resources Act of 1971, as amended, and regulations issued thereunder, the Division proposes to issue the applicant a permit to discharge subject to effluent limitations and certain other conditions. The following is a brief description of the proposed effluent limitations and special conditions:
(1) Proposed effluent limitations. Discharge 001. none
Discharge 002. visible foam and visible floating solids prohibited. The following discharge constituents shall be limited as follows:
(2) Proposed schedule for compliance. The applicant shall achieve the effluent levels described in subsection (1) above in accordance with the following schedule:
Submission of final plans to Director by: November 15, 1973,
Commencement of construction by: January 15, 1974.
Completion of construction by: September 15, 1974.
Operational level attained by: November 1, 1974.
(3) Proposed special conditions. The applicant is required to operate his treatment facilities at maximum efficiency at all times. The applicant is required to monitor his discharges on a regular basis and report the results every 3 months. The monitoring results will be available to the public. The applicant is required to conduct studies of possible adverse effects of his heated water discharge 001 upon free floating marine life and shellfish in Martin Creek and Whitehall Bay. Il applicant's study or independent information supplied to the Director indicate an adverse effect, the applicant will be required to take additional measures to minimize the adverse impact.
Applicable effluent limitations and water quality standards. The following are the effluent limitations and water quality standards which were applied to applicant's discharge in the formulation of the above proposed determinations:
(1) All effluent limitations except mercury are based upon effluent guidelines for the pulp and paper industry, manufacture of bleached paper grades from kraft pulp. See 40 CFR 128.74, 128.89, and 128.91(C).
(2) The mer 'ury limitation is based upon effluent limitations for toxic substances. See 40 CFR 136.22 (b) and (c).
(3) For water quality standards for Martin Creek and Whitehall Bay, See 40 CFR 42.66 et. seq. Both are classified for the following uses: Industrial use, navigational use, contact recreation, and propagation of fish and wildlife.
Written comments. Interested persons are invited to submit written comments upon the proposed discharge and the Director's proposed determinations. Comments should be submitted by September 12, 1973, either in person or by mail to: Director, Division of Water Quality and Re
sources, Attention: Office of Permit Processing, 1616 Courthouse Drive, Capital City, State (ZIP).
The application number should appear next to the above address on the envelope and on the first page of any submitted comments. All comments received by September 12, 1973, will be considered in the formulation of final determinations. If no written objections are received, the Director will issue his final determinations no later than 60 days following the date of this notice.
Information and copying. Persons wishing further information may write to the above address or call the Office of Permit Processing at 307 445-8922. Copies of the application, proposed permit including proposed effluent limitations and special conditions, comments received, and other documents (other than those which the Director maintains as confidential) are available at the Office of Permit Processing for inspection and copying. A copying machine is available for public use at & charge of $0.15 per copy sheet.
Register of interested persons. Any person interested in a particular application or group of applications may leave his name, address, and phone number as part of the file for an application. The list of names will be maintained as a means for persons with an interest in an application to contact others with similar interests.
Public hearings. If submitted comments Indicate a significant public interest in the application or if he believes useful information may be produced thereby, the Director, in his discretion, may hold a public hearing on the application. Any person may request the Director to hold a public hearing on the application.
Public notice of a hearing will be circulated at least 30 days in advance of the hearing. The hearing will be held in the vicinity of the discharge. Thereafter, the Director will formulate his final determinations within 60 days. Further information regarding the conduct and nature of public hearings concerning discharge permits may be obtained by writing or visiting the Office of Permit Processing, 1616 Courthouse Drive, Capital City, State (ZIP).
SAMPLE PUBLIC NOTICE FOR PUBLIC HEARINGS
HELD IN REGARD TO NPDES APPLICATIONS
order to meet the Department's proposed effluent limitations. If so, what measures can be taken by the applicant to minimize any harmful effects to adjoining wetlands and fish and wildlife habitats therein.
All interested parties are invited to be present or to be represented to express their views on these and other issues relating to the above application. Parties making presentations are urged to address their statements to the above stated issues. Oral statements will be heard, but, for the accuracy of the record, all important testimony should be submitted in writing. Oral statements should summarize any extensive written material so there will be time for all interested parties to be heard.
The application, related documents, the Department's proposed limitations, and all comments and petitions received are on file and may be inspected and copied in Room 814, 1616 Court House Drive, Capital City, State (ZIP), at any time between 8:15 a.m. and 4:45 p.m., Monday through Friday. Copies of public notice OPP-72-301 are available at the above address or by calling the Office of Permit Processing at 307–445-8922.
Please bring the foregoing to the attention of persons whom you know would be interested in this matter.
DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER QUALITY AND RESOURCES,
1616 COURTHOUSE DRIVE, CAPITAL CITY, STATE
(ZIP) 307-445-8922 (Public Notice No. OPP-72-301-PH-24;
Application No. CIY-400–60–301) NOTICE-ANNOUNCEMENT OF PUBLIC HEARING
ON APPLICATION OF ACME PAPER PRODUCTS To DISCHARGE POLLUTANTS INTO MARTIN CREEK NEAR WHITEHALL BAY, CAPE ROCKAWAY, EDWARDS COUNTY, STATE
Acme Paper Products, Inc., 11345 North Fremont Street, Cape Rockaway, State (ZIP), has applied for a Department of Environmental Protection permit to discharge pollutants into Martin Creek one-half mile upstream from Whitehall Bay. The discharge and the Department's proposed determinations have been previously described in Public Notice No, OPP-72-301, dated August 12, 1973. Due to numerous comments received concerning the application, the fling of several petitions requesting a hearing, and the likelihood that Information may be presented which will Assist the Department in the formulation of final determinations regarding the application, the Director of the Department of Environmental Protection will hold a public hearing at the time and place stated below:
Hearing to be held at 7 p.m., on September 30, 1973, in Center High School Gymnasium, 2171 Furlong Avenue, Cape Rockaway, State (ZIP).
Some of the issues to be considered at the hearing are as follows:
(1) Do the Department's proposed effluent limitations for the applicant's discharge No. 002 represent a proper application of industrial effluent guidelines to the applicant's industrial processes.
(2) Do related water quality or environmental factors require the specification of stricter effluent limitations, additional requirements, or particular methods of treatment or control. In particular,
(a) Will the Department's proposed effluent Ilmitations, if met, restore uncontaminated shellfish populations in Whitehall Bay (water quality standards classify Whitehall Bay for propagation of fish and shellfish).
(b) Does contamination of subsurface wells and water supplies of adjacent home and cottnge owners result from leaks in applicant's treatment lagoons. If so, does the Department have the authority to require the applicant (1) to repair the leaks, and (11) to compensate the adjacent home and cottage owners for damages resulting from the contamination of the subsurface wells and water supplies.
(c) Does the Department have the authority to control the manner in which the applicant utilizes Adjoining marshes and wetlands as additional treatment lagoons in
Part 125—National Pollutant Discharge
Subpart A-General Sec. 125.1 Definitions. 125.2 Scope and purpose. 125.3 Law authorizing permits. 125.4 Exclusions. 125.5 Delegation of authority.
Subpart B-Processing of Permits 125.11 General provisions. 125.12 Application for a permit. 125.13 Access to facilities. 125.14 Distribution of application and per
mit. 125.15 State certification.
Subpart C-Terms and Conditions of Permits Sec. 125.21 Prohibitions. 125.22 Conditions of permits. 125.23 Schedules of compliance. 125.24 Etuent limitations in permits. 125.25 Duration of permits. 125.26 Special categories of permits. 125.27 Monitoring, recording, and reporting.
Subpart D-Notice and Public Participation 125.31 Formulation of tentative determine.
tions and draft permits. 125.32 Public notice. 125.33 Fact sheets. 125.34 Hearings and appeals. 125.35 Publlc access to information.
Subpart E-Miscellaneous 125.41 Objections to permit by another
State. 125.42 Other legal action.
(i) The term "effluent limitations" 125.43 Environmental impact statements. means any restriction established by a 125.44 Final decision of the Regional Ad
State or the Administrator on quantities, ministrator.
rates, and concentrations of chemical, AUTHORITY.-Secs. 402 and 405 (f the Fed
physical, biological, and other constitueral Water Pollution Control Act Amend
ents which are discharged from point ments of 1972 (86 Stat. 816 et seq.; Public
sources into navigable waters, the waters Law 92-500, 33 U.S.C. 1251nt).
of the contiguous zone or the ocean, inSOURCE: 38 FR 13528, May 22, 1973, unless cluding schedules of compliance. otherwise noted.
(j) The term "Environmental ProtecSubpart A-General
tion Agency" means the U.S. Environ
mental Protection Agency. $ 125.1 Definitions.
(k) The term "interstate agency" Except as otherwise specifically pro- means an agency of two or more States vided:
established by or pursuant to an agree(a) The term “Act” means the Federal ment or compact approved by the ConWater Pollution Control Act, as gress, or any other agency of two or more amended, Public Law 92-500, 33 U.S.C. States, having substantial powers or 1251nt.
duties pertaining to the control of pollu(b) The term “Administrator" means tion as determined and approved by the the Administrator of the U.S. Environ- Administrator. mental Protection Agency.
(1) The term “minor discharge" means (c) The term “applicable efluent any discharge which (1) has a total standards and limitations" means all volume of less than 50,000 gallons on State and Federal effluent standards and every day of the year, (2) does not affect limitations to which a discharge is sub- the waters of more than one State and ject under the Act, including, but not (3) is not identified by the State water limited to, effluent limitations, standards pollution control agency, the Regional of performance, toxic effluent standards Administrator, or by the Administrator and prohibitions, and pretreatment in regulations issued pursuant to section standards.
307(a) of the Act, as a discharge which (d) The term "applicable water qual- is not a minor discharge. If there is more ity standards" means all water quality than one discharge from a facility and standards to which a discharge is sub- the sum of the volumes of all discharges ject under the Act and which have been from the facility exceeds 50,000 gallons (1) approved or permitted to remain in on any day of the year, then no discharge effect by the Administrator pursuant to from the facility is a minor discharge as section 303(a) or section 303(c) of the defined herein. Act, or (2) promulgated by the Admin- (m) The term “municipality" means istrator pursuant to section 303(b) or a city, town, borough, county, parish, dissection 303(C) of the Act.
trict, association, or other public body (e) The term “applicant” means an created by or pursuant to State law and applicant for an NPDES permit.
having jurisdiction over disposal of sew(f) The term "contiguous zone" means age, industrial wastes, or other wastes, or the entire zone established or to be estab- an Indian tribe or an authorized Indian lished by the United States under article tribal organization, or a designated and 24 of the Convention of the Territorial approved management agency under Sea and the Contiguous Zone.
section 208 of the Act. (g) The term “discharge” when used (n) The term “National Pollutant without qualification includes a dis- Discharge Elimination System" (hereincharge of a pollutant and a discharge of after referred to as “NPDES") for the pollutants.
purpose of these regulations means the (h) The term "discharge of pollutant" system for issuing, conditioning, and and the term "discharge of pollutants" denying permits for the discharge of each means (1) any addition of any pol- pollutants from point sources into the lutant to navigable waters other than the navigable waters, the contiguous zone, territorial sea, from any point source, (2) and the oceans, by the Administrator of any addition of any pollutant to the the Environmental Protection Agency waters of the territorial sea, the contigu- pursuant to sections 402 and 405 of the ous zone or the ocean from any point Act. source other than a vessel or other float- (0) The term "navigable waters" ining craft.