Section 309.114  Notice to Other Governmental Agencies

At the time of issuance of public notice pursuant to Sections 309.109 through 309.112, the Agency shall:

a)         Send a fact sheet, if one has been prepared, to any other states whose waters may be affected by the issuance of the proposed permit and, upon request, provide such states with a copy of the application and a copy of the draft permit.  Each affected State shall be afforded an opportunity to submit written recommendations within a stated number of days to the Agency and to the Regional Administrator of the U.S. Environmental Protection Agency, which the Agency may incorporate into the permit if issued.  Should the Agency decline to incorporate any written recommendations thus received, it shall provide to the affected state  or states  (and to the Regional Administrator) a written explanation of its reasons for declining to accept any of the written recommendations.

b)         Following the procedure set forth in subsection (a), notify and receive recommendations from any interstate agency having water quality control authority over waters which may be affected by the permit.

c)         Unless otherwise agreed, in accordance with 40 CFR 124.34(c), send a copy of the fact sheet, if one has been prepared, to the appropriate District Engineer of the Army Corps of Engineers for discharges (other than minor discharges) into navigable waters.

d)         Upon request, send a copy of the public notice and a copy of the fact sheet for NPDES Permit applications to any other Federal, states, or local agency, or any affected country, and provide such agencies an opportunity to respond, comment, or request a public hearing pursuant to Sections 309.115-309.119. Such agencies shall include at least the following:

1)         The agency responsible for the preparation of an approved plan pursuant to Section 208(b) of the CWA; and

2)         The State or interstate agency responsible for the preparation of a plan pursuant to an approved continuous planning process under Section 303(e) of the CWA.

e)         Send notice to, and coordinate with, appropriate public health agencies for the purpose of assisting the applicant in integrating the relevant provisions of the CWA with any applicable requirements of such public health agencies.

(Source:  Amended at 28 Ill. Reg. 7310, effective May 7, 2004)