Section 309.115  Public Hearings on NPDES Permit Applications

a)

1)         The Agency shall hold a public hearing on the issuance or denial of the an NPDES Permit or group of permits whenever the Agency determines that there exists a significant degree of public interest in the proposed permit or group of permits (instances of doubt shall be resolved in favor of holding the hearing), to warrant the holding of such a hearing.

2)         Any person, including the applicant, may submit to the Agency a request for a public hearing or a request to be a party at such a hearing to consider the proposed permit or group of permits.  Any such request for public hearing shall be filed with the 30-day public comment period and shall indicate the interest of the part filing such a request and the reasons why a hearing is warranted.

b)         When the Agency has determined under paragraphs (a) and (b) that a public hearing is required, the Director shall appoint one or more employees of the Agency to serve as a Hearing Board and shall designate one to serve as Chairman.

c)         The Chairman of the hearing board shall promptly schedule the matter for hearing to be held within 60 days from the filing of the first request for public hearing, or as may be otherwise agreed among the parties.

d)         Hearings held pursuant to this Section shall be held in the geographical area in which the discharges or proposed discharges are located, or other appropriate location, as determined by the Chairman.  Consideration shall be give to facilitating attendance of interested or affected persons and organizations and to accessibility of hearing sites to public transportation.  The Chairman shall have the duty to conduct a fair hearing, to take all necessary action to avoid delay, to maintain order, and to ensure development of a clear and complete hearing file.