CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 799 F.2d 687
...NPDES permits are issued for a fixed term not to exceed five years. 40 C.F.R. § 122.46 . * The NPDES permitting process is triggered by the submission of an application by "any person who discharges or proposes to discharge pollutants and who does not have an effective permit...." 40 C.F.R. § 122.21 (a)....
...r negative, is subject to public notice and may be challenged "within 30 days of issuance of the public notice of the initial new source determination” by the submission of an evidentiary hearing request from "[a]ny interested person.” 40 C.F.R. § 122.21 (k)(4)....
...See 33 U.S.C. § 1371 (c)(1). Thus, where the Regional Administrator initially determines that a facility is a new source for NPDES permitting purposes, the requirement for environmental review is triggered. C.F.R. §§ 6.604(a),
122.29(c)(1), and
122.21(k)(3)....
