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<br />7 <br />Page <br /> <br />1 <br />2 <br /> <br />B. <br /> <br />Procedural Requirements <br /> <br />1. <br /> <br />Public participation. <br /> <br />3 NPDES permits may be issued only "after opportunity for public hearing." 33 V.S.C. <br />4 ~ 1342(a)(I). Indeed, public participation is a fundamental -and non-discretionary- component of <br />5 issuing a NPDES permit: <br /> <br />6 Public participation in the development, revision, and enforcement of <br />any regulation, standard, effluent limitation, plan, or program <br />7 established by the Administrator or any State under this Act shall be <br />provided for, encouraged, and assisted by the Administrator and the <br />8 States. <br /> <br />9 33 V.S.C. ~ 1251(e) (emphasis added). Thus, among other things, federal regulations require a state <br /> <br />10 pennitting agency to provide at least 30 days for public comment on a draft NPDES permit. 40 <br /> <br />11 C.F.R. ~ 124.10(b)(I). This is particularly critical for a permit such as the MRP that has taken so <br /> <br />12 long in its development and applies to so many Permittees <br /> <br />13 The federal regulations also require at least 30 days advance notice of a public hearing on <br /> <br />14 adoption ofa draft NPDES permit. ld. ~ 124.10(b)(2). Adjudicative hearings held by the Regional <br /> <br />15 Water Board in consideration of an NPDES permit are governed by the Regional Water Board's own <br /> <br />16 regulations, 23 Cal. Code Reg. ~ 648 et. seq., Chapter 4.5 of the Administrative Procedure Act <br /> <br />1 7 (commencing with ~ 11400 of the Government Code), sections 801-805 of the Evidence Code, and <br /> <br />18 section 11513 of the Government Code. See Cal. Code Regs., tit. 23, ~ 648 (b). Government Code ~ <br /> <br />19 11513 provides that each party shall have the right to call and examine witnesses, to introduce <br /> <br />20 exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though the <br /> <br />21 matter was not covered in direct examination, to impeach any witness, and to rebut the evidence <br /> <br />22 against the party. Government Code ~ 11513(b). The Regional Water Board's procedural <br /> <br />23 regulations also establish the right of a party in an adjudicative hearing before the Regional Water <br /> <br />24 Board to present evidence and cross-examine witnesses. Cal. Code Regs, tit. 23, ~ 648.5(a). <br /> <br /> <br />25 The issuing agency is required to respond to comments received during the comment period <br /> <br />26 by: (1) specifYing which, if any, provisions of the draft permit have been changed in the final permit, <br /> <br /> <br />27 and the reasons for the change; and (2) briefly describing and responding to all significant comments <br /> <br />28 <br /> <br />sf-2748053 <br /> <br />6 <br />PETITION FOR REVIEW <br />