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point source the construction of which (ii) Any new introduction of polluis commenced after the date of enact- tants which exceeds 10,000 gallons on any ment of the Federal Water Pollution 1 day into such treatment works from Control Act Amendments of 1972 and a source which would be subject to secwhich is so constructed as to meet all tion 301 of the Act if such source were applicable standards of performance (as discharging pollutants; and, defined in section 306 of the Act) shall (iii) Any substantial change in volnot be subject to any more stringent ume or character of pollutants being instandard of performance during a 10- troduced into such treatment works by a year period beginning on the date of source introducing pollutants into such completion of such construction or dur- works at the time of issuance of the pering the period of depreciation or amorti- mit. zation of such facility for the purposes (2) Such notice shall include informaof section 167 or section 169 (or both) tion on: of the Internal Revenue Code of 1954, (i) The quality and quantity of effiuwhichever period ends first.

ent to be introduced into such treatment

works, and, $ 125.25 Duration of permits.

(ii) Any anticipated impact of such (a) No permit will issue for a period change in the quantity or quality of eflonger than 5 years.

fluent to be discharged from such pub(b) Permits of less than 5 years' dura- licly owned treatment works. tion may issue in appropriate cases and (3) The permittee shall require any Regional Administrators shall give great industrial user of such treatment works weight to the advice of State or inter- to comply with the requirements of secstate water pollution control officials on tions 204(b), 307, and 308 of the Act. Any the appropriate duration for particular industrial user subject to the requirepermits.

ments of section 307 of the Act shall be (c) All permits will be for a fixed term. required by the permittee to prepare and

transmit to the Regional Administrator § 125.26 Special categories of permits.

periodic notice (over intervals not to ex(a) Disposal of pollutants into wells.

ceed 9 months) of progress toward full (1) If an applicant for a permit is compliance with section 307 requiredisposing or proposes to dispose of pollu

ments. tants into wells as part of a program to (4) The permittee shall require any inmeet the proposed terms and conditions

dustrial user of storm sewers to comply of a permit, the Regional Administrator

with the requirement of section 308 of shall specify additional terms and con- the Act. ditions in the permit which shall (i) prohibit the disposal, or (ii) control the dis

$ 125.27 Monitoring, recording, and reposal in order to prevent pollution of

porting ground and surface water resources and (a) Any permit shall be subject to to protect the public health and welfare. such monitoring requirements as may be

(2) The Regional Administrator shall reasonably required by the Regional Adutilize in his review of any permits pro- ministrator, including the installation, posed to be issued for the disposal of use, and maintenance of monitoring pollutants into wells, any policies, tech- equipment or methods (including, where nical information, or requirements, spe- appropriate, biological monitoring cified by the Administrator in regulations methods). issued pursuant to the Act or in directives (b) Any discharge which: issued to regional offices.

(1) Is not a minor discharge; or (b) Discharges from publicly owned (2) The Regional Administrator retreatment works.

quires to be monitored; or (1) If the permit is for a discharge (3) Contains toxic pollutants for from a publicly owned treatment work, which an effluent standard has been esthe Regional Administrator shall require tablished by the Administrator pursuant the permittee to provide notice to the to section 307(a) of the Act, shall be Regional Administrator of the following: monitored by the permittee for at least

(i) Any new introduction of pollutants the following: into such treatment works from a source (1) Flow (in gallons per day); and, which would be a new source as defined in (ii) All of the following pollutants; section 306 of the Act if such source were (A) Pollutants (measured either didischarging pollutants;

rectly or indirectly through the use of

accepted correlation coefficients or ments in a permit. Such reporting peequivalent measurements) which are riods, whose length shall be determined subject to reduction or elimination under by the Regional Administrator shall end the terms and conditions of the permit; on the last day of March, June, Sep

(B) Pollutants which the Regional tember, and/or December, Administrator finds, on the basis of information available to him, could have

Subpart DNotice and Public

Participation a significant impact on water quality;

(C) Pollutants specified by the Ad- & 125.31 Formulation of tentative deministrator, in regulations issued pursu

terminations and draft permits. ant to the Act, as subject to monitoring; (a) The regional staff shall formulate (c) Each effluent flow or pollutant

and prepare tentative determinations required to be monitored pursuant to with respect to a permit in advance of paragraph (b) of this section shall be

public notice of the proposed issuance or monitored at intervals sufficiently fre- denial of the permit. Such tentative dequent to yield data which reasonably terminations shall include at least the characterizes the nature of the discharge following: of the monitored effluent flow or pol- (1) A proposed determination to issue lutant. Variable effluent flows and pol- or to deny a permit for the discharge lutant levels may be monitored at more described in the application; and, frequent intervals than relatively con- (2) If the determination proposed in stant effluent flow and pollutant levels paragraph (a) (1) of this section is to which may be monitored at less frequent issue the permit, the following additional intervals.

tentative determinations; (d) The Regional Administrator shall (1) Proposed efiuent limitations for specify recording requirements for any those pollutants proposed to be limited; permit which requires monitoring of the (ii) A proposed schedule of compliauthorized discharge consistent with the

ance, as provided in $ 125.23 of these following:

regulations, including interim dates and (1) The permittee shall maintain rec- requirements, for meeting the proposed ords of all information resulting from effluent limitations; and, any monitoring activities required of him (iii) A brief description of any other in his permit;

proposed special conditions (other than (2) Any records of monitoring activi- those required by $ 125.22(a) of the regties and results shall include for all

ulations in this part) which will have a samples;

significant impact upon the discharge (i) The date, exact place, and time of described in the application. sampling;

(b) The regional staff shall organize (ii) The dates analyses were per- the tentative determinations prepared formed;

pursuant to paragraph (a) of this sec(iii) who performed the analyses; tion into a draft permit.

(iv) The analytical techniques/methods used; and

$ 125.32 Public notice. (v) The results of such analyses;

(a) Public notice of every complete (3) The permittee shall be required to application for a permit shall be circuretain for a minimum of 3 years any lated in a manner designed to inform inrecords of monitoring activities and re- terested and potentially interested persults including all original strip chart sons of the discharge and of the prorecordings for continuous monitoring posed determination to issue or to deny instrumentation and calibration and a permit for the discharge. Public notice maintenance records. This period of re- of hearings shall be circulated in a tention shall be extended during the

manner designed to inform interested course of any unresolved litigation

and potentially interested persons of the regarding the discharge of pollutants

discharge and of the intention to hold a by the permittee or when requested by the Regional Administrator.

hearing on the matter of the proposal (e) The Regional Administrator shall

to issue or deny a permit for the disrequire periodic reporting (at a fre

charge. Procedures for the circulation quency of not less than once per year)

of public notice shall include at least the on the proper NPDES reporting form of

following: monitoring results obtained by a per

(1) Notice shall be circulated within mittee pursuant to monitoring require- the geographical area of the proposed

а

discharge; such circulation shall include any one of the following:

(i) Posting in the post office and public places of the municipality nearest the premises of the applicant in which the effluent source is located;

(ii) Posting near the entrance to the applicant's premises and in nearby places; or

(iii) Publishing in local newspapers and periodicals, or, if appropriate, in a daily newspaper of general circulation; except that public notice of hearings shall be published in at least one newspaper of general circulation within the geographical area of the discharge in all cases.

(2) Notice shall be mailed to the applicant and to any person or group upon request; and

(3) The Regional Administrator shall add the name of any person or group upon request to a mailing list to receive copies of notices for all applications within the State or within a certain geographical area.

(4) Regional Administrators shall notify Federal and State fish, shellfish, and wildlife resource agencies and other appropriate government agencies of each complete application for a permit and of hearings and shall provide such agencies an opportunity to submit their written views and recommendations on each complete application.

(b) (1) Where notice is being given of an application for a permit, the Regional Administrator shall provide a period of not less than 30 days following the date of the public notice during which time interested persons may submit their written views concerning the tentative determinations or request that a hearing be held. All written comments submitted during the 30-day comment period shall be retained by the Regional Administrator and considered in the formulation of his final determinations with respect to the application. Extensions of time for the receipt of comments following the end of the comment period may be granted by the Regional Administrator when the public interest warrants.

(2) Where notice is being given of a hearing the Regional Administrator shall provide a period of not less than 30 days following the date of the public notice during which time interested persons may prepare themselves for the hearing.

(c) The contents of public notice of an application shall include at least the following:

(1) Name, address, phone number of regional office issuing the public notice;

(2) Name and address of each applicant;

(3) Brief description of each applicant's activities or operations which result in the discharge described in the application including a statement of whether the application pertains to new or existing discharges (e.g., new municipal waste treatment plant, existing steel manufacturing, drainage from existing mining activities);

(4) Name of waterway to which each discharge is made and a short description of the location of each discharge on the waterway;

(5) A statement of the regional staff's tentative determination to issue or deny a permit for the discharge described in the application.

(6) A brief description of the procedures for the formulation of final determinations, including the 30-day comment period required by paragraph (b) of this section and any other means by which interested persons may influence or comment upon those determinations;

(7) Address and phone number of premises at which interested persons may obtain further information, request a copy of the fact sheet prepared pursuant to $ 125.33, request a copy of the draft permit prepared pursuant to $ 125.31, and inspect and copy forms and related documents; and

(8) Where applicable, a statement that confidential information has been received that may be used to determine some of the conditions for the permit.

(d) The contents of public notice of any hearing shall include at least the following:

(1) Name, address, and phone number of regional office holding the hearing;

(2) Name and address of each applicant whose application will be considered at the hearing;

(3) Name of waterway to which each discharge is made and a short description of the location of each discharge on the waterway;

(4) A brief reference to the public notice issued for each application, including identification number and date of issuance;

(5) Information regarding the time and location for the hearing;

(6) The purpose of the hearing;

(7) A concise statement of the issues raised by the persons requesting the hearing;

(8) Address and phone number of premises at which interested persons may obtain further information, request a copy of each draft permit prepared pursuant to § 125.31, request a copy of each fact sheet prepared pursuant to g 125.33, and inspect and copy forms and related documents;

(9) A brief description of the nature of the hearing, including the rules and procedures to be followed; and

(10) Where applicable, a statement that confidential information has been received that may be used to determine some of the conditions for the permit.

(e) The Regional Administrator, in his discretion, may include in any notice of application for a permit under paragraph (c) of this section a notice of hearing in accordance with paragraph (d) of this section, whether or not any request for such hearing shall have been submitted to him.

(f) Any public notice issued under this section may describe more than one discharge except that each discharge will be described separately.

(g) If individual States, in connection with applications for certification required by section 401 of the Act, wish to enter into agreements for joint FederalState public notice concerning permits, the Regional Administrator may, after consulting with headquarters, approve mutually satisfactory agreements consistent with this section. $ 125.33 Fact sheets.

(a) For every discharge which has a total volume of more than 500,000 gallons any day of the year the Regional Administrator shall prepare and, following public notice, shall send to the applicant, and upon request to any other person, a fact sheet with respect to the application described in the public notice. The contents of fact sheets shall include at least the following information:

(1) A sketch or detailed description of the location of the discharge described in the application;

(2) A quantitative description of the discharge described in the application which includes at least the following:

(i) The rate or frequency of the proposed discharge; if the discharge is con

tinuous, the average daily flow in gallons per day or million gallons per day, and where appropriate the maximum and minimum flow in gallons per day or million gallons per day;

(ii) The average summer and winter temperatures of the discharge in degrees Fahrenheit and where appropriate the maximum and minimum temperature in degrees Fahrenheit; and

(iii) The average daily discharge in pounds per day, and milligrams per liter where appropriate, of any pollutants which are present in significant quantities or which are subject to limitations or prohibition under section 301, 302, 306, or 307 of the Act and regulations published thereunder;

(3) The tentative determinations required under $ 125.31 of the regulations in this part.

(4) A brief citation, including a brief identification of the uses for which the receiving waters have been classified, of the water quality standards and effluent standards and limitations applied to the proposed discharge; and,

(5) A more detailed description of the procedures for the formulation of final determinations than that given in the public notice including:

(i) The term of the 30-day comment period required by $ 125.32 of these regulations and the address where comments will be received;

(ii) Procedures for requesting a hearing and the nature thereof; and,

(ii) Any other procedures by which the public may participate in the formulation of the final determinations.

(b) The Regional Administrator shall add the name of any person or group upon request to a mailing list to receive copies of fact sheets.

(c) The Regional Administrator shall transmit one copy of each fact sheet to appropriate officials of Federal and State fish, shellfish, and wildlife resource agencies. $ 125.34 Hearings and appeals.

(a) Definitions.-(1) "Party" shall mean the officials designated by the Administrator or the Regional Administrator to prepare permits for issuance, the applicant for a permit, and any person who files a request for hearing or a request to be a party pursuant to paragraph (c) of this section.

(2) "Person” shall mean the State water pollution control agency of any

State or States in which the discharge or hearings shall be given in the manner proposed discharge shall originate or specified in § 125.32. which may be affected by such discharge, (2) Hearings held pursuant to this the applicant for a permit, and any for- paragraph shall be conducted by the Reeign country, Federal agency, or other gional Administrator, or his designee, in person or persons having an interest an orderly and expeditious manner. which may be affected.

(3) Any person shall be permitted to (3) The term “Administrator" means submit oral or written statements and the Administrator, Environmental Pro- data concerning the proposed permit. tection Agency, or any officer or employee The Regional Administrator, or his of the Agency to whom authority may be designee, shall have discretion to fix readelegated to act in his stead, including, sonable limits upon the time allowed for where appropriate, a judicial officer. oral statements, and may require the

(4) The term "judicial officer” means submission of statements in writing. an officer or employee of the Environ- (4) Following the public hearing, the mental Protection Agency appointed as Regional Administrator may make such a judicial officer, pursuant to these rules modifications in the terms and condiwho shall meet the qualifications and tions of proposed permits as may be apperform functions as herein provided. propriate and shall issue or deny the

(i) Office. There may be designated permit. The Regional Administrator shall for the purposes of these regulations one provide a notice of such issuance or or more judicial officers. As work requires, denial to any person who participated there may be a judicial officer designated in the public hearing and to appropriate to act for the purposes of a particular persons on the mailing list established case.

under $ 125.32(a) (3). Such notice shall (ii) Qualifications. A judicial officer briefly indicate any significant changes may be a permanent or temporary em- which have been made from terms and ployee of the Agency who performs other conditions set forth in the draft permit. duties for the Agency. Such judicial off- Any permit issued following a public cer shall not be employed by the office of hearing shall become effective 30 days enforcement and general counsel or the after the date it is issued by the Regional office of air and water programs or have Administrator, unless the Regional Adany connection with the preparation or ministrator grants a request for an adpresentation of evidence for a hearing. judicatory hearing pursuant to para

(iii) Functions.—The Administrator graph (c) of this section. may delegate any or part of his authority (c) Adjudicatory hearing s.-(1) to act in a given case under this section Within 30 days following issuance of to a judicial officer. The Administrator

public notice of a permit application purmay delegate his authority to make find- suant to $ 125.32, or, if a public hearing ings of fact and draw conclusions of law

is held pursuant to $ 125.34(b), within in a particular proceeding, provided that 20 days following the issuance of the this delegation shall not preclude the notice provided in § 125.34(b) (4), any judicial officer from referring any motion

person may submit to the Regional Ador case to the Administrator when the ministrator a request for an adjudicatory judicial officer determines such referral hearing to consider the proposed permit to be appropriate. The Administrator, and its conditions. If the request for an in deciding a case himself, may consult

adjudicatory hearing is granted in acwith and assign the preliminary drafting cordance with $ 125.34(f), any person of conclusions of law and findings of fact may submit a request to be a party within to any judicial officer.

30 days after the date of publication (5) The term "regional hearing clerk" of public notice of an adjudicatory hearmeans an employee of the Environmental

ing in a newspaper of general circulation Protection Agency designated by the Re

as required by $ 125.32. gional Administrator to establish a re

(2) Requests for and adjudicatory pository for all documents relating to hearings under this section.

hearing and requests to be a party under (b) Public hearings.-(1) Where the

this paragraph shall: Regional Administrator finds a signifi

(i) State the name and address of the cant degree of public interest in a pro

person making such request; posed permit or group of permits, he may

(ii) Identify the interest of the rehold a public hearing to consider such quester, which would be affected by the permit or permits. Public notice of such issuance or nonissuance of the permit;

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