§ 66271.9. Public Notice of Permit Actions and Public Comment Period.

(a) Scope.

(1) The Department shall give public notice that the following actions have occurred:

(A) a permit application has been tentatively denied under section 66271.5(b);

(B) a draft permit has been prepared under section 66271.5(c);

(C) a hearing has been scheduled under section 66271.11; or

(D) an appeal has been granted under section 66271.18(b).

(2) No public notice is required when a request for permit modification, revocation and reissuance, or revocation is denied under section 66271.4(b). Written notice of that denial shall be given to the requester and to the permittee.

(3) Public notices may describe more than one permit or permit action.

(b) Timing.

(1) Public notice of the preparation of a draft permit (including a notice of intent to deny a permit application) required under subsection (a) of this section shall allow at least 45 days for public comment.

(2) Public notice of a public hearing shall be given at least 30 days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.

(c) Methods. Public notice of activities described in subsection (a)(1) of this section shall be given by the following methods:

(1) by mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this subsection may waive his or her rights to receive notice for any classes and categories of permits):

(A) the applicant;

(B) any other agency which the Department knows has issued or is required to issue a permit for the same facility or activity (including USEPA);

(C) federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation, State Historic Preservation Officers, and other appropriate government authorities, including any affected States;

(D) persons on a mailing list developed by:

1. including those who request in writing to be on the list;

2. soliciting persons for “area lists” from participants in past permit proceedings in that area; and

3. notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in such publications as USEPA Region IX and State-funded newsletters, environmental bulletins, or State law journals; (The Department may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Department may delete from the list the name of any person who fails to respond to such a request.)

(E) any unit of local government having jurisdiction over the area where the facility is proposed to be located, and each State agency having any authority under State law with respect to the construction or operation of such facility;

(2)(A) for major permits, publication of a notice in a daily or weekly newspaper within the area affected by the facility or activity;

(B) for all permits, publication of a notice in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations;

(3) any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.

(d) Contents. (1) All public notices. All public notices issued under this chapter shall contain the following minimum information:

(A) name and address of the office processing the permit action for which notice is being given;

(B) name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;

(C) a brief description of the business conducted at the facility or activity described in the permit application or the draft permit;

(D) name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit , statement of basis or fact sheet, and the application; and

(E) a brief description of the comment procedures required by sections 66271.10 and 66271.11 and the time and place of any hearing that will be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final permit decision;

(F) the location of the administrative record required by section 66271.8, the times at which the record will be open for public inspection, and a statement that all data submitted by the applicant is available as part of the administrative record;

(G) any additional information considered necessary or proper.

(2) Public notices for hearings. In addition to the general public notice described in subsection (d)(1) of this section, the public notice of a hearing under section 66271.11, shall contain the following information:

(A) reference to the date of previous public notices relating to the permit;

(B) date, time, and place of the hearing; and

(C) a brief description of the nature and purpose of the hearing, including the applicable rules and procedures.

(e) In addition to the general public notice described in subsection (d)(1) of this section, all persons identified in subsections (c)(1)(A), (B), and (C) of this section shall be mailed a copy of the fact sheet or statement of basis, the permit application, and the draft permit.

HISTORY

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).

2. Amendment of subsection (a)(2) and Note filed 7-19-95; operative 8-18-95 (Register 95, No. 29).

Note

Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 124.10.