Free State Associated with Puerto Rico

Office of the Governor 

Environmental Quality Board

IN RE:					*

*

PROCEEDINGS FOR THE			*	R-89-2-2

CERTIFICATION OF DISCHARGES TO	*

BODIES OF WATER			*

*************************************

	RESOLUTION AND NOTIFICATION

In a meeting on the 25 of January of 1989, there was a prior submission
for consideration to the Governing Board of the Environmental Quality
Board a written document of procedures where the various steps that
cover the procedure to issue a Water Quality Certificate (WQC) for an
NPDES permit were detailed, as solicited by the Environmental Protection
Agency.

Said document was prepared by the Area of Water Quality and espouses the
procedure utilized by the Board to issue Water Quality Certificates.

After arguing all the merits of this matter and in support of the
authority and faculties that  are conferred to the Environmental Quality
Board the Law of Environmental Public Policy, Law Number 9 of 18 of June
of 1970, as amended, by the present, the procedures for the
Certification of Discharges to Bodies of Water, a copy of which forms
part of this Resolution is approved.

Proclaimed By: Dr. Heriberto Torres, Vice President, Attorney Carlos
Vázquez, Associated Member, Mr. Héctor Fuentes, Alternate Member,
Attorney Pedro A. Maldonado, Legal Advisor, Attorney Braulio García,
Director of the Office of Legal Services, Mr. Tomás Rivera, Director of
the Area of Water Quality, and the Engineer Carlos J. Irizarry,
Director, Bureau (or could also be Section or Division, whichever their
structure is ) of Water Quality.

GIVEN in San Juan, Puerto Rico, on the 5 of January of 1989.

Santos Ro(middle letter cut off on my copy)ena Betancourt

President

CERTIFICATION

I certify that this is a true and exact copy of the original that
resides in the secure? (hard to read the word) archive (or file, it
could mean either, whichever is more appropriate) of this Board in San
Juan Puerto Rico.

Process to Submit the Water Quality Certification (WQC) for NPDES

1. 	Petitioner completes NPDES application. 

2. 	Petitioner submits application to EPA with a copy to EQB. 

3.  	EPA gives application a NPDES #.  If the application is incomplete,
EPA sends a letter with  a copy of the application to EQB requiring
additional information be submitted.  After all of the  information is
submitted and EPA completes its review, EPA solicits certification
according to 40 C.F.R. 124. 

4.  	EQB receives and assigns the case to the Division of Permits, where
they verify:  

a.  	If the applicant complies with Law 9, 4C.

That the applicant has submitted to EQB a request for construction for a
treatment system.

If the information provided in the NPDES application is correct. 

If the petitioner has complied with all of the aforementioned
requirements, EQB proceeds to evaluate whether or not to certify the
discharge.  If the petitioner has not complied with some of the
aforementioned requirements, EQB will send a letter notifying them of
the requirements they need to comply with to process the certification. 
They will be granted 45 days from receipt of the letter to comply with
the requirements.  If after 45 days, the petitioner has not responded,
they will get an additional 30 days after receipt of a second letter. 
After completing all requirements, EQB proceeds to evaluate all
documentation to determine whether to issue or deny certification.  If a
response is not received from the petitioner, the case will be closed.  
  

5. 	If it is determined to certify the discharge, an intent to issue a
water quality certificate (WQC) will be prepared, consisting of:  

a. 	preliminary determination to issue the WQC.

public notice published in a newspaper with the greatest circulation. 
The petitioner should pay for the public notice.  

A letter informing of the intent to issue the WQC.

Table with limits for contaminants in the effluent conforming to the
water quality standards regulation. 

Special conditions that assure compliance with the State planning
process and strategy to reduce water contamination (3C, 205B, 208).

3C - Plan to manage water quality for Puerto Rico 1970 -2020

205B - Goals and Development of the plan for management of State water
quality

208 - Plan for management of water quality for the Islands of Puerto
Rico. 

6.  	If it is determined to deny the certification, the basis of the
certainty that the discharge will not comply with applicable water
quality standards, and an intent to deny a WQC will be prepared
consisting of:    

a.  	Preliminary findings to deny the WQC. 

Public notice published in a newspaper with the greatest circulation. 
This notice should be paid by the petitioner. * Note: In some cases EQB
can pay for publication to accelerate the process and then bill the
petitioner.

Letter denying the WQC, which explains the reasons for the finding.   

7.  	A copy of the intent to issue or deny a WQC, whichever the case,
will be sent to EPA and the petitioner. 

8.	After the petitioner receives the intent letter, it will proceed to
pay for the public notice.  The petitioner is granted 7 days after
receipt to publish the notice.  If the public notice is not published
within the time frame, the case is closed.  

9. 	30 calendar days after publication are given for affected parties to
submit comments. 

10. 	During the public participation period, a public meeting from the
President of EQB can be solicited, in which case the EQB will consider
the reasons and motives for the request and will decide whether to grant
it.  In case the public meeting is granted to consider the draft of the
WQC or denial, the EQB designates an examining panel and notifies the
general public using a public notice published at least 30 days prior in
2 local newspapers of greatest circulation.  After the public meeting,
the review panel will submit its recommendations to EQB for a final
determination.   EQB, considering the review panel(s determination,
issues a final WQC or denial, with copies to the petitioner and EPA.  

11. 	If comments are received during the public comment participation
period, they are evaluated and answered in a letter addressed to the
writer.  After the public participation, a final WQC or denial is issued
taking into consideration comments received.  Copies are sent to the
petitioner and EPA. 

 If the petitioner needs additional time to submit comments, a written
request should be addressed to the President of EQB, who will evaluate
the merits and decide whether to grant an extension. 

13.   	If no comments are received during public participation, EQB will
issue a final WQC or denial to the petitioner and EPA. 

If after final WQC or denial is issued, the petitioner or general public
is not satisfied, they can ask for reconsideration by EQB within time
allowed by law (15 calendar days after receipt of final WQC or denial). 
 

Request for reconsideration is studied and evaluated by EQB for its
merits and it will determine whether to reiterate each requirement in
the final WQC or denial or if it should modify them.  In either case, a
new final WQC or denial will be sent to EPA and the petitioner. 

After EPA receives the final WQC or denial, the process to grant or
deny an NPDES permit begins.  When the permit is granted, generally it
has a term of five years.  During the permit term, EQB will inspect
compliance. 

180 days before expiration of the NPDES permit, a new permit application
for renewal should be solicited for the proposed discharge.  If there
are not significant changes in the facility or process, ignore
requirements in 4a and 4b.  Otherwise compliance is required with all
requirements established in paragraph 4.    

