7 Del. Admin. Code § 7102-10.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 7102-10.0 - Public notice of permit actions and public comment period

10.1 Scope

10.1.1 The Department shall provide public notice that any of the following actions have occurred:

10.1.1.1 A permit application has been tentatively denied under subsection 8.2;

10.1.1.2 A draft permit has been prepared under subsection 8.3;

10.1.1.3 A hearing has been scheduled under 7 Del. C. §§ 6004 and 6006; or

10.1.1.4 An appeal to the EAB has been filed pursuant to 7 Del. C. § 6008.

10.1.2 No public notice is required when a request for permit modification, revocation and reissuance, or termination is denied under subsection 7.2. Written notice of that denial shall be given to the requester and to the permittee.

10.1.3 Public notices may describe more than one permit or permit actions if the applicant or permittee is the same person.

10.2 Timing

10.2.1 Public notice of the preparation of a draft permit or a notice of intent to deny a permit application required under subsection 10.1 shall allow at least 30 days for public comment.

10.2.2 Public notice of a public hearing shall be provided at least 30 days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.

10.2.3 Public notice is not required for activities approved by a Rule Authorization letter.

10.3 Methods. Public notice of activities described in subsection 10.1.1 shall be given by the following methods:

10.3.1 By mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this Section may waive his or her rights to receive notice for any classes and categories of permits);

10.3.1.1 The applicant;

10.3.1.2 Any other agency which the Department knows has issued or is required to issue a permit for the same facility or activity;

10.3.1.3 Federal and State agencies with jurisdiction over fish, shellfish, wildlife resources, coastal zone management plans, the Advisory Council on Historic Preservation, and the State Historic Preservation Officer, including any affected States.

10.3.1.4 Persons on a mailing list developed by:

10.3.1.4.1 Including those who request in writing to be on the list;

10.3.1.4.2 Soliciting persons for "area lists" from participants in past permit proceedings in that area; and

10.3.1.4.3 Informing the public of the opportunity to be put on a notification list, via the Delaware Environmental Navigator website.

10.3.1.5 To any unit of local government having jurisdiction over the area where the facility is proposed to be located; and

10.3.1.6 To each State agency having any authority under State law or regulation with respect to the construction or operation of such facility.

10.3.2 For permits, publication of a notice in a daily or weekly newspaper within the area affected by the facility or activity;

10.3.3 In a manner constituting legal notice to the public under this Section and 7 Del. C. § 6004.

10.3.4 Any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.

10.4 Contents

10.4.1 All public notices. All public notices issued under this part shall contain the following minimum information:

10.4.1.1 The name and address of the office processing the permit action for which notice is being given;

10.4.1.2 The name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit,

10.4.1.3 A brief description of the business conducted at the facility or activity described in the permit application;

10.4.1.4 The name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit or draft general permit, as the case may be, a copy of the fact sheet, and a copy of the application; and

10.4.1.5 A brief description of the comment procedures required by Section 11.0 of these Regulations and by 7 Del. C. § 6006 and the time and place of any hearing that will be held, 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.

10.4.1.6 Any additional information considered necessary.

10.4.2 Public notices for hearings. In addition to the general public notice described in subsection 10.4.1, the public notice of a hearing under 7 Del. C. § 6006 shall contain the following information:

10.4.2.1 Reference to the date(s) of previous public notices relating to the permit;

10.4.2.2 The date, time, and place of the hearing; and

10.4.2.3 A brief description of the nature and purpose of the hearing, including identification of the applicable rules and procedures (copies of which shall be provided upon request).

10.5 In addition to the general public notice described in subsection 10.4.1, persons identified in subsection 10.3 may be mailed a copy of the fact sheet, the permit application, and the draft permit.

10.6 The applicant shall be responsible for all costs associated with advertising the Public Notice and the Public Hearing Notice.

7 Del. Admin. Code § 7102-10.0

21 DE Reg. 978 (6/1/2018) (Final)