Common use of Notice, Hearings, and Issuance Clause in Contracts

Notice, Hearings, and Issuance. When the TNRCC has preliminarily determined that a submission meets the requirements of 40 CFR §403.9(b), and where a removal allowance approval is sought in accordance with 40 CFR §§403.7(d) and 403.9(d), a public notice will be developed and sent to the POTW for publication in a newspaper regularly published and generally circulated within the county and area wherein the POTW discharge is located and within each county and area wherein persons reside who would be affected by the discharge. Public notice is not required for a non-substantial modification. When public notice and opportunity for public comment are required, it will be provided in accordance with 40 CFR §403.11 as referenced in 30 TAC Chapter 315. Mailed notice will be provided to EPA, the designated 208 planning agencies, National Marine Fisheries Service (for discharges to coastal or estuary areas, or territorial seas), U.S. Fish and Wildlife Service, and Texas Parks and Wildlife Department (unless such agencies have asked not to be sent the notices). Mailed notice will also be provided to other persons required by the TNRCC rules or who in the judgment of the Commission, may be affected, including those persons requesting to be on the mailing list. Notices will provide for a thirty (30) day comment period and notice will be provided at least thirty (30) days prior to any public meeting which may be held. A public meeting, if held, will be conducted by an attorney from the Commission. All comments will be considered in the decision whether or not to approve the submission. All written comments shall be retained by TNRCC. The Commission staff will schedule the submission for final decision by the Commission or the Executive Director and, as necessary, will incorporate the program or modification into the TPDES permit as a minor amendment in accordance with 30 TAC §305.62(c)(2)(D). For those program requirements, EPA will be afforded the opportunity for re-review if TNRCC proposes to approve a program (or revised TPDES permit), in that EPA shall also review the proposed permit or program requirements if either the TNRCC proposes to issue one which contains different provisions than the draft information reviewed by EPA, as specified in Section IV.C.3. of this MOA, relating to re-reviews. The TNRCC will transfer copies of the approved or modified pretreatment programs and modified permits to EPA within thirty (30) days of the final decision on approval/issuance. TNRCC need not publish a notice of decision under 40 CFR §403.11(e) provided: the notice of request for approval under 40 CFR §403.11(b)(1) states that the request will be approved, if no comments are received by a date specified in the notice; no substantive comments are received; and the request is approved without change. Notices required by 40 CFR §403.11 may be performed by the POTW provided that the TNRCC finds that the POTW notice otherwise satisfies the requirements of 40 CFR §403.11.

Notice, Hearings, and Issuance. When the TNRCC TCEQ has preliminarily determined that a submission meets the requirements of 40 CFR §403.9(b), and where a removal allowance approval is sought in accordance with 40 CFR §§403.7(d) and 403.9(d), a public notice will be developed and sent to the POTW for publication in a newspaper regularly published and generally circulated within the county and area wherein where the POTW discharge is located and within each county and area wherein where persons reside who would be affected by the discharge. Public notice is not required for a non-substantial modification. When public notice and opportunity for public comment are required, it will be provided in accordance with 40 CFR §403.11 as referenced in 30 TAC Chapter 315403.11. Mailed notice will be provided to EPA, the designated CWA §208 planning agencies, National Marine Fisheries Service (for discharges to coastal or estuary areas, or territorial seas), U.S. Fish and Wildlife Service, and Texas Parks and Wildlife Department (unless such agencies have asked not to be sent the notices). Mailed notice will also be provided to other persons required by the TNRCC TCEQ rules or who in the judgment of the CommissionTCEQ, may be affected, including those persons requesting to be on the mailing list. Notices will provide for a thirty (30) day comment period and notice will be provided at least thirty (30) days prior to any public meeting which may be held. A public meeting, if held, will be conducted by an attorney from the Commissiona TCEQ attorney. All comments will be considered in the decision whether or not to approve the submission. All written comments shall be retained by TNRCCTCEQ. The Commission TCEQ staff will schedule the submission for final decision by the Commission or the Executive Director and, as necessary, will incorporate the program or modification into the TPDES permit as a minor amendment in accordance with 30 TAC §305.62(c)(2)(D). For those program requirements, EPA will be afforded the opportunity for re-review if TNRCC TCEQ proposes to approve a program (or revised revise a TPDES permit), in that EPA shall also review the proposed permit or program requirements if either the TNRCC TCEQ proposes to issue one which contains different less stringent provisions than the draft information reviewed by EPA, as specified in Section IV.C.3. of this MOA, relating to re-reviews. The TNRCC TCEQ will transfer copies of the approved or modified pretreatment programs and modified permits to EPA within thirty (30) days of the final decision on approval/issuance. TNRCC TCEQ need not publish a notice of decision under 40 CFR §403.11(e) provided: the notice of request for approval under 40 CFR §403.11(b)(1) states that the request will be approved, if no comments are received by a date specified in the notice; no substantive comments are received; and the request is approved without change. Notices required by 40 CFR §403.11 may be performed by the POTW provided that the TNRCC TCEQ finds that the POTW notice otherwise satisfies the requirements of 40 CFR §403.11.