N.D. Admin. Code 33-24-07-48

Current through Supplement No. 393, July, 2024

Section 33-24-07-48 - Public comment and request for public hearings

1. The public notice issued under section 33-24-07-47 must allow at least a forty-five day public comment period for people to submit written comments on the draft permit decision. The public comment period is automatically 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.

2. During the public comment period, any interested person may submit written comments on the draft permit and may request a public hearing. A request for a public hearing must be in writing and must state the nature of the issues proposed to be raised in the hearing.

3. The department shall hold a public hearing whenever it receives a written notice of opposition to a standardized permit and a request for a hearing within the public comment period under subsection 1. The department also may hold a public hearing at the department's discretion whenever such a hearing might clarify one or more issues involved in the permit decision.

4. Whenever possible, the department shall schedule a hearing under this section at a location convenient to the nearest population center to the facility. The department shall give public notice of the hearing at least thirty days before the date set for the hearing.

5. The department shall give public notice of the hearing according to the methods in subsections 1 and 2 of section 33-24-07-47. The hearing must be conducted according to the procedures in subsections 4, 5 and 6 of section 33-24-07-08.

6. In their written comments and during the public hearing, if held, interested parties may provide comments on the draft permit decision. These comments may include the facility's eligibility for the standardized permit, the tentative supplemental conditions proposed, and the need for additional supplemental conditions.

N.D. Admin Code 33-24-07-48

Adopted by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.

General Authority: NDCC 23-20.3-03

Law Implemented: NDCC 23-20.3-03, 23-20.3-04, 23-20.3-05