N.D. Admin. Code 33.1-25-01-09

Current through Supplement No. 393, July, 2024
Section 33.1-25-01-09 - Public notice and comment - Requests for hearings -Public hearings - Response to comments
1.Public notice.
a. The director shall give public notice that the following actions have occurred:
(1) A draft permit has been prepared.
(2) A hearing has been scheduled.
(3) Intent to deny a permit application.
b. Public notice shall be given to allow thirty days for public comment on the draft permit.
c. Public notice of a public hearing shall be given at least thirty days before the hearing.
d. Public notice shall be given by the methods specified under title 40 CFR part 124, section 124.10(c).
e. Public notices and public notices for hearings shall at a minimum contain the information specified under title 40 CFR part 124, section 124.10(d).
2.Public comment.
a. During the public comment period, any interested person may submit written or oral comments and, if no public hearing is scheduled, request a public hearing in writing, stating the nature of the issues.
b. All comments shall be considered in making the final decision and shall be answered when the final permit decision is made.
3.Public hearing. The director shall hold a public hearing whenever there is a significant degree of public interest in a draft permit. The director also may hold a public hearing at the director's discretion.
4.Response to comments.
a. The director shall issue a response to comments when a final permit decision is made. The response shall:
(1) Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and
(2) Briefly describe and respond to all significant comments on the draft permit raised during the public comment period, or during any hearing.
b. The response to comments shall be available to the public.

N.D. Admin Code 33.1-25-01-09

Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.

General Authority: NDCC 61-28-04; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 61-28-04