Current through Register Vol. 42, No. 11, August 30, 2024
Public notice is required when a permit application for a new
land application facility has been received and deemed complete, and a
tentative determination has been made to issue the permit; or when a public
hearing has been scheduled. Land application sites permitted prior to the
effective date of these rules are not subject to this section.
(1) The ADPH shall receive public comments
for 30 days after a public notice is issued unless the time has been extended
due to significant public interest.
(2) Public notice shall be provided using the
following methods:
(a) A copy of the public
notice shall be sent to the persons listed below:
1. The person applying for a
permit.
2. Federal and state
agencies with jurisdiction over fish, shellfish, and wildlife resources and
over coastal zone management plans and other appropriate government authorities
including any affected states.
3.
To any unit of local government having jurisdiction over the area where the
facility is proposed to be located.
4. To any person who has requested
notification from the ADPH.
(b) Public notice shall be published in a
daily or weekly newspaper of general circulation within the county where the
proposed facility is located once a week for four consecutive weeks.
(c) Public notice shall be posted on the ADPH
website.
(3) All public
notices shall contain the following information:
(a) Name and address of the LHD processing
the permit application.
(b) Name
and address of the person applying for a permit and, if different, of the
facility.
(c) Name, address, and
telephone number of a person from whom interested persons may obtain further
information, including copies of the permit application.
(d) A general description of the public
comment procedures, how to request a public hearing required by this rule, and
the time and place of any public hearing that has been scheduled.
(4) Public comments and requests
for a public hearing may be submitted as follows:
(a) During the public comment period, any
interested person may submit written comments to the permit application and may
request a public hearing if no hearing has been scheduled.
(b) A request for a public hearing shall be
in writing and shall state the issues proposed to be raised in the
hearing.
(5) The ADPH
shall schedule a public hearing:
(a) When
there is a significant degree of public interest in a permit application
or,
(b) Whenever a hearing might
clarify one or more issues involved in the permit decision.
(6) The ADPH shall hold a public
hearing in the following manner:
(a) Any
person may present oral or written statements and data concerning the permit
application to the ADPH. Reasonable limits may be set upon the time allowed for
oral statement. As a result, the submission of written statements may be
necessary.
(b) The ADPH shall make
a record of the public hearing available to the public in the form of an audio
recording or written transcript.
(7) The ADPH shall prepare and make available
to the public upon request, a response to substantive comments received during
the public comment period or public hearing. A substantive comment is a comment
that offers information or suggestions of a technical, environmental, legal, or
regulatory nature that are applicable to the permit.
(8) After consideration of any comments
received, the ADPH may issue the permit as drafted, revise the permit, or deny
the permit.
Author: Karen Bishop
Statutory Authority:
Code of Ala.
1975, §§
22-2-2(6),
22-10-1 et seq., 22-20-5, 22-26-1,
22-26-2, 22-26-3.
