Section 43-02-02.1-10 - Public notice and comment - Requests for hearings - Public hearings - Response to comments1.Public notice.a. The commission shall give public notice that the following actions have occurred: (1) A draft permit has been prepared; (2) A hearing has been scheduled; or (3) Intent to deny a permit application. b. Public notice must be given to allow thirty days for public comment on the draft permit. c. Public notice of a public hearing must be given at least thirty days before the hearing. d. Public notice must be given by the methods specified in 40 CFR 124.10(c). e. Public notices and public notices for hearings must at a minimum contain the information specified in 40 CFR 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 must be considered in making the final decision and must be answered when the final permit decision is made. 3.Public hearing. The commission shall hold a public hearing whenever there is a significant degree of public interest in a draft permit. The commission also may hold a public hearing at its discretion. 4.Response to comments.a. The commission, acting by and through the state geologist, shall issue a response to comments when a final permit decision is made. The response must: (1) Specify with 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 must be available to the public. N.D. Admin Code 43-02-02.1-10
General Authority: NDCC 38-12-04
Law Implemented: NDCC 38-12-04