9 Va. Admin. Code § 25-31-830 - Approval procedures for POTW pretreatment programs and POTW granting of removal credits
The following procedures shall be adopted in approving or denying requests for approval of POTW pretreatment programs and applications for removal credit authorization:
A.
The director shall have 90 days from the date of public notice of any
submission complying with the requirements of
9VAC25-31-810 B and, where removal
credit authorization is sought with
9VAC25-31-790 E and
9VAC25-31-810 D, to review the
submission. The director shall review the submission to determine compliance
with the requirements of
9VAC25-31-800 B and F, and, where
removal credit authorization is sought, with
9VAC25-31-790. The director may
have up to an additional 90 days to complete the evaluation of the submission
if the public comment period provided for in subdivision B 1 b of this section
is extended beyond 30 days or if a public hearing is held as provided for in
subdivision B 2 of this section. In no event, however, shall the time for
evaluation of the submission exceed a total of 180 days from the date of public
notice of a submission meeting the requirements of
9VAC25-31-810 B and, in the case of
a removal credit application,
9VAC25-31-790 E and
9VAC25-31-810 B.
B. Upon receipt of a submission, the director
shall commence its review. Within 20 work days after making a determination
that a submission meets the requirements of
9VAC25-31-810 B and, where removal
allowance approval is sought,
9VAC25-31-790 D and
9VAC25-31-810 D, the director
shall:
1. Issue a public notice of request
for approval of the submission.
a. This public
notice shall be circulated in a manner designed to inform interested and
potentially interested persons of the submission. Procedures for the
circulation of public notice shall include:
(1) Mailing, by electronic or postal
delivery, notices of the request for approval of the submission to designated
CWA § 208 planning agencies, federal and state fish, shellfish, and
wildlife resource agencies (unless such agencies have asked not to be sent the
notices); and to any other person or group who has requested individual notice,
including those on appropriate mailing lists; and
(2) Publication of a notice of request for
approval of the submission in a newspaper(s) of general circulation within the
jurisdiction(s) served by the POTW that provides meaningful public
notice.
b. The public
notice 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 on the submission.
c. All
written comments submitted during the 30-day comment period shall be retained
by the director and considered in the decision on whether or not to approve the
submission. The period for comment may be extended at the discretion of the
director.
2. Provide an
opportunity for the applicant, any affected state, any interested state or
federal agency, person or group of persons to request a public hearing with
respect to the submission.
a. This request
for public hearing shall be filed within the 30-day (or extended) comment
period described in subdivision 1 b of this subsection and shall indicate the
interest of the person filing such request and the reasons why a public hearing
is warranted.
b. The director shall
hold a public hearing if the POTW so requests. In addition, a public hearing
will be held if there is a significant public interest in issues relating to
whether or not the submission should be approved. Instances of doubt should be
resolved in favor of holding the public hearing.
c. Public notice of a public hearing to
consider a submission and sufficient to inform interested parties of the nature
of the public hearing and the right to participate shall be published in the
same newspaper(s) as the notice of the original request for approval of the
submission under subdivision 1 a (2) of this subsection. In addition, notice of
the public hearing shall be sent to those persons requesting individual
notice.
C. At
the end of the 30-day (or extended) comment period and within the 90-day (or
extended) period provided for in subsection A of this section, the director
shall approve or deny the submission based upon the evaluation in subsection A
of this section and taking into consideration comments submitted during the
comment period and the record of the public hearing, if held. Where the
director makes a determination to deny the request, the director shall so
notify the POTW and each person who has requested individual notice. This
notification shall include suggested modifications and the director may allow
the requestor additional time to bring the submission into compliance with
applicable requirements.
D. No POTW
pretreatment program or authorization to grant removal allowances shall be
approved by the director if following the 30-day (or extended) evaluation
period provided for in subdivision B 1 b of this section and any public hearing
held pursuant to subdivision B 2 of this section, the regional administrator
sets forth in writing objections to the approval of such submission and the
reasons for such objections. A copy of the regional administrator's objections
shall be provided to the applicant and each person who has requested individual
notice. The regional administrator shall provide an opportunity for written
comments and may convene a public hearing on his objections. Unless retracted,
the regional administrator's objections shall constitute a final ruling to deny
approval of a POTW pretreatment program or authorization to grant removal
allowances 90 days after the date the objections are issued.
E. The director shall notify those persons
who submitted comments and participated in the public hearing, if held, of the
approval or disapproval of the submission. In addition, the director shall
cause to be published a notice of approval or disapproval in the same
newspapers as the original notice of request for approval of the submission was
published. The director shall identify in any notice of POTW pretreatment
program approval any authorization to modify categorical pretreatment standards
which the POTW may make, in accordance with
9VAC25-31-790, for removal of
pollutants subject to pretreatment standards.
F. The director shall ensure that the
submission and any comments upon such submission are available to the public
for inspection and copying.
Notes
Statutory Authority
§ 62.1-44.15 of the Code of Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123, 124, 403, and 503.
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