Section 1 [Impaired waters list; public notice and process] requires a 60-day public comment period after publishing a draft impaired waters list. This section also provides that a draft impaired water list is a final decision of the PCA and is subject to contested case procedures in the Administrative Procedures Act. Persons may petition the PCA for a contested case hearing on the draft impaired waters list based on their reliance on the data, including, but not limited to, data that is more than five years old, lack of inclusion of data from the previous two years, and data that do not reflect significant new infrastructure and pollutant reductions.
Section 2 [Notice requirements for publicly owned wastewater treatment facilities] directs the Commissioner of the PCA to provide a copy of the draft permit and any related fact sheets at least 30 days prior to public notice of the permit application and preliminary determination to a permit applicant for a publicly owned wastewater treatment. This section also requires public notice of a completed permit application and the commissioner’s preliminary determination, and a 60-day public comment period for publicly owned wastewater treatment facility permit applications.
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