40 C.F.R. § 124.11
Public comments and requests for public hearings
(Applicable to State programs, see 40 CFR 123.25 (NPDES), 145.11 (UIC), and 271.14 (RCRA).) During the public comment period provided under § 124.10, any interested person may submit written comments on the draft permit and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments shall be considered in making the final decision and shall be answered as provided in § 124.17.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1975–2023 · leading case: Dept. of Env. v. Assateague Coastal Trust, 299 A.3d 619 (Md. 2023).
Dept. of Env. v. Assateague Coastal Trust, 299 A.3d 619 (Md. 2023). “The process for submitting public comments and hearing requests, and the hearing process if a request for a hearing is granted, must follow the procedures applicable to draft permits set forth in 40 CFR 124.11 through 124.13. The Director may establish, either by regulation or…”
Matter of Nat. Resources Def. Council, Inc. v. New York State Dep't of Env't Conservation, 34 N.E.3d 782 (NY 2015). “48 parties (see 40 CFR 124.11). The Administrator of the EPA shall hold a hearing where the Administrator "finds, on the basis of requests, a significant degree of public interest in a draft permit(s)" (40 CFR 124.”
S. California All. of Publicly Owned Treatment Works v. U.S. Env't Prot. Agency, 853 F.3d 1076 (9th Cir. 2017). “The Plants would have had the right to submit written comments and seek a hearing before EPA, 40 C.F.R. § 124.11 , the right to an administrative appeal to the EAB, id.”
Adams v. U.S. Env't Prot. Agency, 38 F.3d 43 (1st Cir. 1994). “40 C.F.R. § 124.11 . After the close of the public comment period, the Regional Administrator determines whether a final permit should be issued, based on the administrative record compiled during the public comment period.”
United States v. CPS Chem. Co., Inc., 779 F. Supp. 437 (E.D. Ark. 1991). “CPS did not submit comments to the EPA on the draft permit during the public comment period, as provided for in 40 C.F.R. § 124.11 , and did not seek judicial review of the final permit pursuant to Section 509(b) of the Act, 33 U.”
Nat. Resources Def. Council, Inc. v. Train, 396 F. Supp. 1393 (D.D.C. 1975). “40 C.F.R. §§ 124.11 (h)(5), 125.4(j) (5) (1974).”
Vill. of Sauget v. Pollution Control Bd., 566 N.E.2d 724 (Ill. App. Ct. 1990). “115 (1988); 40 C.F.R. §124.11 (1989).) We recognize that a hearing pursuant to these regulations is discretionary with the IEPA, yet under the circumstances appellants were denied the opportunity to request that the IEPA exert such discretion.”
Manasota-88, Inc. v. Thomas, 799 F.2d 687 (11th Cir. 1986). “40 C.F.R. §§ 124.11 and 124.12. After the close of the comment period, the Regional Administrator bases his final permit decision on the administrative record defined at 40 C.”
City of Sarasota v. Env't Prot. Agency & Lee M. Thomas, 813 F.2d 1106 (11th Cir. 1987). “Sarasota could participate in that permitting process pursuant to 40 C.F.R. § 124.11 , inter alia, and if EPA decided to issue a permit, Sarasota could appeal that decision through the administrative process, 40 C.”
Mianus River Pres. Comm. v. Adm'r, Env't Prot. Agency, 541 F.2d 899 (2d Cir. 1976). “See 40 C.F.R. § 124.11 . There is an indication, in the form of two internal Environmental Protection Agency (“EPA”) memoranda, that EPA staff members reviewed the original March 10, 1975 NPDES permit, but there is nothing in the EPA file submitted as part of the record on…”
Cent. Colorado Water Conservancy Dist. v. Env't Prot. Agency, 559 F.2d 1179 (10th Cir. 1977). “Said regulations have to do with water pollution elimination and are reported in 40 C.F.R. §§ 124.11 ,124.84,125.4 and 125.”
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