Mich. Admin. Code R. 299.9513

Current through Vol. 24-10, June 15, 2024
Section R. 299.9513 - Public notices

Rule 513.

(1) Public notices of draft operating licenses, notices of intent to deny, and public hearings must be given by the following methods after the director is authorized under 40 CFR part 271 to enforce and administer part 111 of the act, MCL324.11101 to 324.11153, and these rules instead of the federal program:
(a) By mailing a copy of the notice, fact sheet, operating license application, and draft operating license to all of the following entities:
(i) The applicant.
(ii) Any other agency that the director knows has issued or is required to issue an environmental permit for the same facility.
(iii) Federal and state agencies with jurisdiction over any of the following:
(A) Fish, shellfish, and wildlife resources.
(B) Coastal zone management plans.
(C) The advisory council on historic preservation.
(D) State historic preservation officers.
(E) Other appropriate government authorities, including any affected states.
(iv) Any unit of local government having jurisdiction over the area where the facility is proposed to be located.
(v) Each state agency having any authority under state law with respect to the construction or operation of the facility.
(b) By mailing a copy of the notice to persons on a facility mailing list developed pursuant to subrule (3) of this rule.
(c) By any 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.
(d) By publication of a notice in a daily or weekly major local newspaper of general circulation and by broadcasting over local radio stations. The director may replace the radio broadcast with another medium that provides at least an equivalent means of notification.
(e) By posting the notice at the principal office of the department and any other locations considered appropriate by the director.
(2) All public notices required by this rule must contain all of the following information:
(a) Name and address of the office processing the operating license.
(b) Name and address of the applicant and the facility at issue.
(c) A brief description of the business conducted at the facility or activity described in the application or draft license.
(d) Name, address, and telephone number of a person or agency from whom interested persons may obtain further information, including copies of the draft operating license, fact sheet, and application.
(e) A brief description of the comment procedures required by R 299.9511 and the time and place of any hearing that will be held, including a statement of procedures to request a hearing and other procedures by which the public may participate in the final decision.
(f) For notices of public hearings, all of the following information:
(i) References to the date of previous public notices relating to the application.
(ii) Date, time, and place of the hearing.
(iii) A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.
(iv) Any other information required by act 306.
(g) Any additional information considered necessary and proper.
(3) The director or his or her designee shall develop a facility mailing list which includes the following persons:
(a) Those who request in writing to be on the list.
(b) Participants from past application proceedings under part 111 of the act, MCL 324.11101 to 324.11153, in that area.
(4) The director or his or her designee shall notify the public of the opportunity to be put on the mailing list through publication.

Mich. Admin. Code R. 299.9513

1985 AACS; 1998 AACS; 2013 AACS; 2020 MR 14, Eff. 8/3/2020