Ala. Admin. Code r. 335-6-20-.26

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-6-20-.26 - Public Notice Requirements

(1)Actions Requiring Public Notice. The Director shall give public notice that the following actions have occurred:

(a) A Reclaimed Water Reuse Permit application has been received, the draft Reclaimed Water Reuse Permit or draft modification to a Reclaimed Water Reuse Permit has been prepared, and a tentative determination to issue, reissue or modify the permit has been made;

(b) A Reclaimed Water Reuse Permit application has been received, and a tentative determination to deny a permit application has been made; or

(c) A tentative determination to revoke and reissue a Reclaimed Water Reuse Permit has been made.

(2)Duration of Public Notice Periods.

(a) Public notice of the receipt of an application and the preparation of a draft permit or draft modification to a permit, including a notice of intent to deny a permit application or termination of a permit shall allow at least thirty days for public comment.

(b) Public notice of a public hearing shall be given at least thirty days before the hearing. Public notice of the hearing may be given at the same time as public notice of the application and draft permit, and the two notices may be combined.

(3)Methods of Public Notice. Public notice of activities described in paragraph (2) of this rule shall be given by the methods listed below:

(a) By mailing a copy of a notice to the persons listed below. Any person otherwise entitled to receive notice under this subparagraph may waive his or her rights to receive notice for any classes and categories of permits:

1. The permit applicant.

2. Federal and state agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, and other appropriate government authorities, including any affected states.

3. Any state agency responsible for plan development under the FWPCA Section 208(b)(2), 208(b)(4) or 303(e) and the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service.

4. Persons on a mailing list, including those who request in writing to be on the list.

(b) By publication of a notice in a daily or weekly newspaper of general circulation within the area affected by the facility or activity.

(4)Content of Public Notices. All public notices issued under this rule shall contain the following minimum information:

(a) Name and address of the office processing the permit action for which notice is being given;

(b) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit (when an address is not applicable to the regulated entity a general location shall be given);

(c) Name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit, statement of basis or fact sheet, and the application;

(d) A general description of the public comment procedures required by rule 335-6-20-.26 and the time and place of any hearing that will be held (if applicable), including a statement of procedures to request a hearing, unless a hearing has already been scheduled, and other procedures by which the public may participate in the final permit decision;

(e) A general description of the location of each existing or proposed reclaimed water reuse application site; and

(f) A general description of the activity or business conducted at the facility generating the reclaimed water.

(5)Public Notices for Hearings. In addition to the general public notice requirements, the public notice of a hearing shall contain the following information:

(a) A reference to the date of previous public notices relating to the permit;

(b) Date, time and place of the hearing; and

(c) A description of the nature and purpose of the hearing, including a citation of the applicable rules and procedures.

(6)Public Comments and Request for Public Hearings. During the public comment period, any interested person may submit written comments on the permit application and draft permit and may request a public hearing, if no hearing has been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments shall be considered in making the final decision and shall be answered as provided in paragraph 335-6-20-.26(8).

(7)Public Hearings.

(a) The Director shall hold a public hearing whenever it is found, on the basis of a hearing request, that there exists a significant degree of public interest in a permit application or a draft permit.

(b) The Director may hold a public hearing at his or her discretion whenever such a hearing might clarify one or more issues involved in the permit decision.

(c) Any person may submit oral or written statements and data concerning the permit application or the draft permit. Reasonable limits may be set upon the time allowed for oral statement, and submission of statements in writing may be required. The public comment period shall automatically be extended to the close of any public hearing under this section. The hearing officer may also extend the comment period by so stating at the hearing.

(d) A tape recording or written transcript of the hearing shall be made available to the public.

(8)Response to Comments. At the time that any final permit decision is issued, the Department shall prepare a response to comments which shall be made available to the public. This response shall:

(a) Specify which provisions, if any, of the draft permit have been changed by the final permit decision, and the reasons for the change; and

(b) Describe and respond to all significant comments (like comments may be grouped and one response written) concerning the draft permit, raised during the public comment period or during any hearing. A significant comment is a comment that offers information or suggestions of a technical, environmental, legal or regulatory nature which are applicable to the proposed permit.

(9)Comments from Governmental Agencies. In appropriate cases the Director may consult with other agencies before issuing a draft permit and may reflect their views in the statement of basis, the fact sheet, or the draft permit.

Ala. Admin. Code r. 335-6-20-.26

Adopted by Alabama Administrative Monthly Volume XXXIII, Issue No. 11, August 31, 2015, eff. 9/29/2015.

Author: Nicholas Caraway

Statutory Authority:Code of Ala. 1975, §§ 22-22-1 to 22-22-14; §§ 22-22A-1 to 22-22A-16et seq., as amended.