Current through Register Vol. 43, No. 52, December 26, 2024
(a) Public
notice and comment period.
(1) Scope and
timing. A public notice shall be given by the department when a municipal solid
waste landfill permit action has been proposed under K.A.R. 28-29-6 or when a
public hearing has been scheduled pursuant to subsection (b) of this
regulation.
(A) Public notice shall be
required for a draft permit or any proposed significant modifications to a
permit by the department.
(B)
Public notice shall be required for any public hearing on a permit action.
(C) A public notice shall not be
required when suspension, denial or revocation, or non-significant modification
of a permit is proposed by the department.
(D) A public notice may describe more than
one permit action or hearing.
(E)
Each public notice shall be published not less than 30 days prior to the
hearing or proposed action.
(2) Procedures.
(A) Each public notice shall be published in
the Kansas register.
(B) Where a
proposed action or hearing may generate significant local interest, a public
notice shall also be published in a newspaper having major circulation in the
vicinity of the proposed action or hearing.
(3) Contents of public notice. Each public
notice issued under this regulation shall contain the following information:
(A) The name and address of the office
processing the permit action for which notice is being given;
(B) the name and location of the facility for
which the permit action is proposed;
(C) a map of the facility for which the
permit action is proposed;
(D) a
brief description of the activity to be conducted at the facility for which the
permit action is proposed;
(E) the
name, address, and telephone number of the person from whom interested persons
may obtain or review additional information;
(F) the time and place of any hearing that
will be held; and
(G) a brief
description of the comment procedures outlined in subsections (b) and (c) of
this regulation.
(b) Public comments. During the public
comment period provided in subsection (a) of this regulation, any interested
person may submit written comments. All comments, except those concerning
determinations by local government units that the proposed permit action
conforms with the official plan, shall become a part of the permit record and
shall be considered in making a final decision on the proposed permit action.
(c) Public hearings. If the
department determines there is sufficient local interest in a proposed permit
action, a public hearing may be scheduled. All written and verbal comments
received during a public hearing provided in subsection (a) of this regulation
shall become a part of the permit record and be considered in making a final
decision on the proposed permit action.
(d) Response to comments. A response to
comments shall be issued at the time any final permit decision is issued. The
response shall be available to the public and shall:
(1) Specify what, if any, changes were made
to the proposed action as a result of public comment; and
(2) briefly respond to any significant
comments received during the public comment period.
