Ala. Admin. Code r. 335-6-6-.20 - Fact Sheets
(1) A fact
sheet shall be prepared for every draft NPDES permit for a major NPDES
facility, for every NPDES draft permit that incorporates a variance, for any
permit that a fact sheet is required by
40
CFR 124.8(1994), and for
every draft permit which the Director finds is the subject of widespread public
interest or raises major issues. The fact sheet shall briefly set forth the
principal facts and the significant factual, legal, methodological and policy
questions considered in preparing the draft permit. The Director shall send
this fact sheet to the applicant and, on request, to any other
person.
(2) The fact sheet shall
include, when applicable;
(a) a brief
description of the type of facility or activity which is the subject of the
draft permit;
(b) the type and
quantity of wastes, or pollutants which are proposed to be treated or
discharged;
(c) a summary of the
basis for the draft permit conditions including references to applicable
statutory or regulatory provisions;
(d) reasons why any requested variances or
alternatives to required standards do or do not appear justified;
(e) any calculations or other necessary
explanation of the derivation of specific discharge limitations and conditions,
including a citation to the applicable effluent limitation guideline or
performance standard provisions and reasons why they are applicable or an
explanation of how alternate effluent limitations were developed;
(f) when the draft permit contains any of the
following conditions, an explanation of the reasons why such conditions are
applicable:
1. limitations to control toxic
pollutants;
2. limitations on
internal waste streams;
3.
limitations on indicator pollutants;
4. limitations for a new source or new
discharger whose discharge has the potential to cause or contribute to the
violation of a water quality standard;
5. limitations set on a case by case basis in
accordance with
40 CFR Part
125.3(1989);
6. waivers from monitoring requirements
granted under
40
CFR Part 122.44(a)
(2000).
(g) when
appropriate, sketch or detailed description of the location of the discharge
described in the application;
(h) a
description of the procedures for reaching a final decision on the draft permit
including:
1. the beginning and ending dates
of the public notice period and the address where comments will be
received;
2. procedures for
requesting a hearing and the nature of that hearing; and
3. any other procedures by which the public
may participate in the final decision.
(i) name and telephone number of a person to
contact for additional information; and
(j) permit rationales, permit applications
and draft permits that contain information required to be included in a fact
sheet may be referenced and attached to the fact sheet.
Authors: John Poole, Ed Hughes
Notes
Statutory Authority: Code of Ala. 1975, §§ 22-22-9, 22-22A-5.
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