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MARLEY COOT DC-TOWAMp A_S�Y • 9 <br /> GROUNDWATER 1=1TR ACTIO v AjN4D TREAT- -, -T SYS;:.vi <br /> SANT JOAQLZV COL17'Y <br /> RESPONSE TO CO2N3, ENTS <br /> 30 January 2003 <br /> recei.-ed after that date -mill not be accepted or incorporated into the <br /> admin trative record i=doing so would prejudice am.-party. We refer star-:c 40 <br /> CFR Section] 124.12,f.Z�,that explicitly requires that "[t]he public commer: <br /> perk-- under Sec. 124.:0 shall automatically be extended to the close of an_; <br /> ?ublic hearing under t : section. " We are concerned that individuals and <br /> orgar_ation(s) may be deterred Tom submitrng comments under an errore:u <br /> belie=.hat the comment period has expired The Permit and scheduled heart_ <br /> must =e renoticed. - <br /> Response: The Regioral Board Administrative Procedures Ma (,4PSI -e n res <br /> that sail provide a wri-en response to all substantive comment to draft\?DES <br /> permi:s. The 30-day public comment period is closed in advance of the Board <br /> Heari:.e such that these written responses maybe completed and included as pang of <br /> the qistradve record:, and considered by the Board in advance of the H_a.;ng. <br /> In Chapter I at page 19, :he APM further provides that"_As directed by the Re_onal <br /> Board EO, a commence: must make supporting materals not included in <br /> admini=ative record available to the Regonal Board- An ex:-.=-' com-=::e rod <br /> il.ong_— than 30 days) nay be necessary to allow the commenter a reasonabie <br /> opponzaity to comply xith the requirements of this section. Additional time shall be <br /> giant d under 40 CFR '2 4.10 when a commenter demonstrates the need for such <br /> time.' <br /> 2. Comment: The interested parties list for the Permit_"ailed to include the LSr%tiS <br /> and ti¢e'VMFS. We refer staff to 40 CFR [Section] Z4.10C(Iy/i,,j which ewli rly <br /> rzqucne--_ that the Services receive roace of any NPDES permit and 40 MR 'Becton] <br /> =4 e) which require chat the Services be mailed a copy of:he Permit <br /> rplic_-rion, Fact Sheer end Permit. The USEPA has?ledged, under the dr <br /> Memorandum of.Agreement between the EmIronmenzal Protecaor. Agenc:. _ Nand <br /> 1vild1i e Service and Na-:oval Marne Fisheries Services Regarding Enhance: <br /> Coord�sation under the Clean Water Act and Endangered Species_Act, to usefa <br /> oversight responsibility to ensure that states comply xith existing CWA regu:a=ors to <br /> provide notice and copies of draft permits to the Services. A copy of the Penn:.-must <br /> be sen_to the Services and the Permit and hearing nonce rem.rc-alared for comment. <br /> Response: Tae I:SFVV5, and Nti S were inadverter.-x omitted mom the c___z <br /> distribution list The TO was rene-ced to include these federal agencies. <br /> 3. Comment: The Permit contains a performance-based limit and five year ccmr.lance <br /> schedule for cormer pursuant to Secrion 2.2 of rhe SIP. The burden of requerrg a <br /> time sch dule and demorsrating that immediate com.-_:iance is infeasible,-d 7 cr the <br /> dschcrger. The SIP, at 2.1 states that "[t]he discharger shall sabmit to ti�z?%s OCB <br /> the following jusrfrcaticn before compliance schedules may be auti:orized it u <br /> rermi:. (a) documentation that diligent efforts have been made to quantijj-_o: :art <br /> revels it the discharge anthe sources of the pollutar_-ir, the waste stream. =:ire <br /> results of those e^orrs; i i documentation of source c:r:rol and'orpollut :r. <br />