Prior to issuance, the permit is placed on public notice for
a minimum of 30 days to receive comments from the public and the permittee. During
the public notice period, any interested party, including the permittee, may request
that a public hearing be held to allow those in attendance to present oral and written
comments to the ADEQ regarding conditions of the permit. The ADEQ must respond to
all oral and written comments prior to or in conjunction with the issuance of the
final permit. If permit conditions are significantly changed in response to the
comments, the permit may be placed on public notice for another 30-day period with
the opportunity for a public hearing. There is no limit on the number of times that
a permit may need to be public noticed prior to issuance.
After permit conditions
are finalized, the permit is issued. Any affected party may request an adjudication
of the permit including a stay of any contested permit condition within 30 days
of permit issuance. If adjudication is not requested within 30 days, the permit
becomes effective. The permit can be effective for no more than five years unless
the permittee applies for a renewal of their NPDES permit prior to the expiration
date of their existing permit in which case the existing permit is automatically
extended until the effective date of a new permit.