6 Colo. Code Regs. § 1007-3-100.5.508
Current through Register Vol. 47, No. 20, October 25, 2024
Section 6 CCR 1007-3-100.5.508 - PUBLIC HEARINGS(a) The Director shall hold a public hearing whenever he or she finds one or more of the following: (1) On the basis of requests, a significant degree of public interest in a draft permit(s);(2) Whenever such a hearing might clarify one or more issues involved in the permit decision;(3) Whenever he or she receives written notice of opposition to a draft permit and a request for a hearing within 45 days of public notice under § 100.506(b)(1). Such written notice shall set forth a brief and plain statement of the reasons for opposition to the draft permit(s), including any objections to particular draft permit conditions. For purposes of this section, written notice of opposition to a draft permit must be expressly stated and will not be inferred from comments submitted under § 100.507. In addition, if the person requesting the hearing desires to have the applicant respond to any issues concerning the permit application and supporting information, he or she shall submit to the Director such issues within 45 days of public notice under § 100.506(b)(1).(b) Whenever possible, the Director shall schedule a hearing under this section at a location convenient to the nearest population center to the proposed facility. Public notice of the hearing shall be given as specified in § 100.306.(c) Whenever a public hearing will be held the Director or his or her designee shall be responsible for its scheduling and orderly conduct.(d) Any person may submit oral or written statements and data concerning the draft permit. Reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing may be required. The public comment period under § 100.506 shall automatically be extended to the close of any public hearing under this section. The Director or his or her designee may also extend the comment period by so stating at the hearing.(e) The applicant shall ensure that the person(s) responsible for submitting the permit application is (are) present at the hearing and available for questioning. The applicant and any other person requesting the hearing shall also ensure the presence and availability for questioning by other participants in the hearing those persons as are necessary and qualified to address any issues submitted under § 100.508(a)(3).(f) A tape recording of the hearing shall be available for public inspection. Any party may request a written transcript from the Department, the cost of which shall be borne by the requesting party.(g) This hearing shall satisfy the requirements of Section 24-4-104(9), C.R.S. (1973).37 CR 24, December 25, 2014, effective 3/2/201538 CR 11, June 10, 2015, effective 6/30/201539 CR 05, March 10, 2016, effective 3/30/201639 CR 11, June 10, 2016, effective 6/30/201640 CR 06, March 25, 2017, effective 4/14/201740 CR 11, June 10, 2017, effective 6/30/201740 CR 21, November 10, 2017, effective 11/30/201741 CR 06, March 25, 2018, effective 4/14/201841 CR 11, June 10, 2018, effective 6/30/201841 CR 24, December 25, 2018, effective 1/14/201942 CR 06, March 25, 2019, effective 4/14/201942 CR 06, March 25, 2019, effective 5/30/201942 CR 11, June 10, 2019, effective 6/30/201943 CR 12, June 25, 2020, effective 7/15/202044 CR 06, March 25, 2021, effective 4/14/202144 CR 11, June 10, 2021, effective 6/30/202144 CR 24, December 25, 2021, effective 1/14/202245 CR 11, June 10, 2022, effective 6/30/202245 CR 17, September 10, 2022, effective 9/10/202245 CR 17, September 10, 2022, effective 9/30/202245 CR 23, December 10, 2022, effective 1/30/2023