15.14.044 Wastewater discharge permit – Application review and decision.
A. Completeness Review. The director shall review the wastewater discharge permit application to determine if it is complete. The director shall notify the applicant in writing if any additional information is required and indicate a deadline for the provision of such information. If the applicant fails to provide the requested information by the deadline, the application may be deemed to have been withdrawn.
B. Public Notice.
1. Publication. Persons applying for a new wastewater discharge permit, or a permit renewal or modification which allows a new or increased pollutant loading, shall publish notice for each application in the format provided by the city to inform and seek comments from interested and potentially interested persons. Notice shall be published once each week for two consecutive weeks, at applicant’s expense, in a newspaper of general circulation in the city of Bellingham. The notice shall meet the following requirements:
a. The name and address of the applicant and facility/activity to be permitted;
b. A brief description of the activities or operations which result in the discharge;
c. A brief description of the discharge points;
d. A statement of any tentative determination to issue or deny the permit;
e. A brief description of the procedures for the formulation of final determinations;
f. The address and phone number of the office of the director where persons can obtain additional information;
g. The dates of the comment period (which shall be at least 30 days); and
h. How and where to submit comments or have any other input into the permitting process, including requesting a public hearing on the permit application and appealing a permit. The notice shall state the deadline for requesting a public hearing, which shall be no less than 30 days from the last date of publication of the notice.
2. Additional Public Notice. The department may require the applicant to provide additional public notice, including:
a. Mailing the notice to persons who have expressed an interest in being notified;
b. Mailing the notice to other state agencies and local governments with a regulatory interest in the proposal;
c. Posting the notice on the premises.
3. The applicant shall provide the department with an affidavit of publication.
4. The director may assume responsibility for the public notice requirements for any person.
5. The director shall consider and respond to public input as appropriate prior to issuance of a wastewater discharge permit.
C. Public Hearing.
1. Any interested person may request a public hearing with respect to permit applications for which notice is required pursuant to this section. Any such request for a public hearing shall be filed within the time period prescribed in subsection (B) of this section and shall indicate the interest of the party filing such request and the reasons why a hearing is warranted.
2. The department shall hold a hearing if it determines there is a significant public interest.
3. Any hearing held pursuant to this subsection shall be held at a time and place deemed appropriate by the department.
4. Public notice of any hearing held pursuant to this section shall be circulated at least as widely as was the notice of the application.
5. Procedures for the circulation of public notice for hearings held shall include at least the following:
a. Notice shall be published, at the applicant’s expense, in at least one newspaper of general circulation within the area of the discharge;
b. Notice shall be sent to all persons who received a copy of the notice given under subsection (B) of this section;
c. Notice shall be mailed to any person upon request;
d. Notice shall be given at least 30 days in advance of the hearing.
6. The contents of public notice of any hearing held pursuant to this section shall include at least the following:
a. Name, address, and phone number of the office of the department holding the public hearing;
b. The purpose of the hearing;
c. Name and address of the applicant;
d. A brief description of the point(s) of discharge;
e. Information regarding the time and location for the hearing;
f. A brief description of the nature of the hearing;
g. A concise statement of the issues raised by the persons requesting the hearing, when applicable;
h. A brief reference to the public notice issued for each application, including identification number and date of issuance; and
i. Address and phone number of premises at which interested persons may obtain information.
D. Director’s Decision. After receipt of a complete wastewater discharge permit application, and following the expiration of the 30-day notice period required under subsection (B) of this section, and following any public hearing conducted pursuant to this section, the director shall determine whether or not to issue a wastewater discharge permit. The director may deny any application for a wastewater discharge permit or require additional safeguards, reports (including plans under Chapter 173-240 WAC), or information. The director may deny the application when the applicant’s discharge will not comply with this chapter or will create a public nuisance. The director may also deny an application to protect public health and welfare.
E. Reconsideration. The director shall provide notice of the issuance of a wastewater discharge permit to the applicant and members of the public or other governmental agencies who indicated in their public comment that they wished to be notified upon permit issuance. Any person, including the applicant, may petition the director to reconsider the terms of a wastewater discharge permit within 30 days of notice of its issuance, subject to the following:
1. Failure to submit a timely petition for reconsideration shall be deemed to be a waiver of the administrative appeal;
2. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit;
3. The effectiveness of the wastewater discharge permit shall not be stayed by the filing of a petition for reconsideration;
4. If the director fails to act within 45 days, a request for reconsideration shall be deemed to be denied; and
5. The director’s decision on a petition for reconsideration is subject to administrative appeal to the hearing examiner, except as otherwise provided herein. [Ord. 2020-07-016 § 1; Ord. 2019-11-032 § 1].