Current through Register Vol. 43, No. 52, December 26, 2024
Public notices shall be given by the department according to
the following criteria:
(a) A public
notice shall be given if one or more of the following actions have occurred:
(1) A permit application has been tentatively
denied under K.A.R. 28-31-124c .
(2) A draft permit has been prepared under
K.A.R. 28-31-124c .
(3) A hearing
has been scheduled under 40
CFR 124.12, as adopted by reference in K.A.R.
28-31-124 .
(b) No
public notice shall be required if a request for permit modification,
revocation and reissuance, or termination is denied under K.A.R. 28-31-124b .
Written notice of the denial shall be provided by the department to the person
who made the request and to the permittee.
(c) The public notice may describe more than
one permit or permit action.
(d)
The public notice shall be given in accordance with the following time frames:
(1) The public notice of the preparation of a
draft permit, including a notice of intent to deny a permit application,
required under subsection (a) shall allow at least 45 days for public
comment.
(2) The public notice of
the public hearing shall be given at least 30 days before the
hearing.
(3) The public notice of
the hearing may be given at the same time as the public notice of the draft
permit and the two notices may be combined.
(e) Public notice of the activities described
in subsection (a) shall be given using the following methods:
(1) Mailing a copy of the notice to the
following persons, except to any person that has waived the right to receive
notices for the class or category of the permit described in the notice:
(B) each agency that has issued or is
required to issue a permit for the same facility or activity, including
EPA;
(C) all federal and state
agencies with jurisdiction over fish, shellfish, or wildlife resources, the
advisory council on historic preservation, state historic preservation
officers, and all affected states and Indian tribes;
(D) each person on the mailing list, which
shall be developed by the department using the following methods:
(i) Each person who requests in writing to be
on the mailing list shall be added to the mailing list;
(ii) participants in past proceedings in that
area shall be solicited for inclusion on the mailing list;
(iii) the public shall be notified of the
opportunity to be put on the mailing list through periodic publication in the
public press and in publications which may include regional and state-funded
newsletters, environmental bulletins, and state law journals; and
(iv) the mailing list may be updated by the
department by requesting written indication of continued interest from persons
on the list. The name of any person who fails to respond to such a request may
be deleted from the list by the department;
(E) each unit of local government having
jurisdiction over the area where the facility is proposed to be located;
and
(F) each state agency having
any authority under state law with respect to the construction or operation of
the facility;
(2)
publishing a notice in the official newspaper of the county in which the
facility is located or proposed to be located or, if there is no official
county newspaper, a newspaper published as provided in
K.S.A.
64-101, and amendments thereto;
(3) broadcasting over local radio
stations;
(4) giving notice in a
manner constituting legal notice to the public under state of Kansas law;
and
(5) using any other method
chosen by the department to give notice of the action in question to the
persons potentially affected by it, including press releases or any other forum
or medium to elicit public participation.
(f) Each public notice shall contain the
following information:
(1) The name and
address of the office processing the permit;
(2) the name and address of the permittee or
the permit applicant and, if different, of the facility or activity regulated
by the permit;
(3) a brief
description of the business conducted at the facility or the activities
described in the permit application or the draft permit;
(4) the name, address, and telephone number
of a person from whom interested persons may obtain further information,
including copies of the draft permit, the fact sheet, and the
application;
(5) a brief
description of the comment procedures required by
40 CFR
124.11 and
124.12, as adopted by reference in
K.A.R. 28-31-124 ;
(6) the time and
place of each hearing that has been scheduled;
(7) a statement of the procedures to request
a hearing, unless a hearing has already been scheduled;
(8) all other procedures required for public
participation in the final permit decision;
(9) the times when the record will be open
for public inspection and a statement that all data submitted by the applicant
is available as part of the administrative record; and
(10) any additional information necessary to
allow full public participation in the final permit decision.
(g) The public notice of each
hearing held pursuant to 40
CFR 124.12, as adopted by reference in K.A.R.
28-31-124, shall contain all of the information described in subsection (f) of
this regulation plus the following information:
(1) Reference to the date of previous public
notices relating to the permit;
(2)
the date, time, and place of the hearing; and
(3) a brief description of the nature and
purpose of the hearing, including the rules and procedures.
(h) In addition to the general
public notice described in subsection (f), a copy of each of the following
documents shall be mailed by the department to all persons identified in
paragraphs (e)(1)(A) through (D):
(2) the permit
application or the draft permit.