Wash. Admin. Code § 463-76-042 - Public hearings

Current through Register Vol. 21-24, December 15, 2021

(1) The applicant, any affected state, any affected interstate agency, any affected county, any interested agency, any affected tribe, person or group of persons, or the regional administrator may request of or petition the council for a public hearing on the council's tentative determination under WAC 463-76-033. Any such request or petition for public hearing shall be filed within thirty days after the giving of public notice pursuant to WAC 463-76-041. Said request or petition shall indicate the interest of the party filing such request and the reasons why it is thought that a hearing is warranted.
(2) A public hearing shall be held if there is a significant public interest (including the filing of request(s) or petition(s) for such hearing) in holding such a hearing.
(3) Any hearings brought pursuant to this section shall be held in the geographical area of the proposed discharge or other appropriate area, in the discretion of the council, and may, as appropriate, consider related groups of permit applications.
(4) Any public hearings held hereunder will be conducted in accordance with provisions of RCW 80.50.090, chapter 34.05 RCW et seq., and regulations promulgated thereunder.
(5) Public notice of any hearing held pursuant to WAC 463-76-042(1) through (4) shall be circulated at least as widely as was the notice of the NPDES application and shall include at least the following:
(a) Notice shall be published in at least one major local newspaper of general circulation within the geographical area of the discharge;
(b) Notice shall be sent to all persons and government agencies which received a copy of the notice or the fact sheet;
(c) Notice shall be mailed to any person or group upon request; and
(d) Notice shall be effected pursuant to subparagraphs (a) and (c) of this paragraph at least [thirty] days in advance of the hearing. The council may give notice of a public hearing concurrent with public notice given pursuant to WAC 463-76-041.
(6) The contents of public notice of any hearing held pursuant to WAC 463-76-042(1) through (4) shall include at least the following notice which meets the requirements of this section:
(a) Name, address and phone number of the council;
(b) Name and address of each applicant whose application will be considered at the hearing;
(c) Name of waterway to which each discharge is made and short description of the location of each discharge on the waterway;
(d) A brief reference to the public notice issued for each NPDES application, including identification number and date of issuance (where applicable);
(e) Information regarding the time and location for the hearing;
(f) The purpose of the hearing;
(g) A short and plain statement of the matters asserted;
(h) Address and phone number of premises at which interested persons may obtain further information, request a copy of each draft NPDES permit prepared pursuant to WAC 463-76-033(2) above, request a copy of each fact sheet prepared pursuant to WAC 463-76-034, and inspect a copy NPDES forms and related documents; and
(i) A brief description of the nature of the hearing, including the rules and procedures to be followed.
(7) The council shall cause a record to be made of all hearings required pursuant to this section. The record may be stenographic, mechanical, or electronic.


Wash. Admin. Code § 463-76-042

Statutory Authority: RCW 80.50.040(1) and (12). 04-21-013, amended and recodified as § 463-76-042, filed 10/11/04, effective 11/11/04. Statutory Authority: RCW 80.50.040. 91-03-090, § 463-38-042, filed 1/18/91, effective 2/18/91; Order 114, § 463-38-042, filed 2/4/77. Formerly WAC 463-16-042.

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