Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Preliminary
determination.
After a permit application is complete, the commissioner
shall make a preliminary determination as to whether the permit should be
issued or denied.
Subp. 2.
Draft permit.
If the preliminary determination is to issue a permit, the
commissioner shall prepare a draft permit, including a proposed schedule of
compliance if a schedule is necessary to meet all applicable standards and
limitations imposed by statute or rule. If the preliminary determination is to
deny the permit application, the commissioner shall prepare a notice of intent
to deny the permit. For the purposes of the procedures required in subparts
2 to
5, a notice of intent to deny
a permit is considered a draft permit.
Subp. 3.
Fact sheet.
The commissioner shall prepare a fact sheet for each draft
permit described in part
7001.1070, subpart
2 for each draft permit
proposed to be issued under parts
7001.0210 and
7001.0660, item A, and for each
draft permit that the commissioner finds is the subject of widespread public
interest or involves issues of major importance to the agency or to the public.
The commissioner shall send a copy of this fact sheet to the applicant and upon
request to any other person. The fact sheet must set forth the principal facts
and the significant factual, legal, methodological, and policy questions
considered in preparing the draft permit. The fact sheet must include, if
applicable:
A. a concise description
of the type of facility or activity that is the subject of the permit
application;
B. the type and
quantity of wastes, fluids, or pollutants that are proposed to be or are being
handled, processed, treated, stored, disposed of, emitted, or
discharged;
C. a summary of the
basis for the draft permit conditions, including references to applicable
statutory or regulatory provisions;
D. reasons why requested variances or
alternatives to required standards do or do not appear justified;
E. a concise statement regarding the
requirements prescribed in Minnesota Statutes, chapter 116D that are or may be
applicable to the facility or activity which is the subject of the permit
application;
F. the preliminary
determinations made by the commissioner on the permit application;
and
G. a description of the
procedures for reaching a final decision on the draft permit, including:
(1) the beginning and ending dates of the
public comment period;
(2)
procedures for requesting a public informational meeting or contested case
hearing and the nature of the two types of proceedings;
(3) other procedures by which the public may
participate in the agency's consideration of the permit application;
and
(4) the name, address, and
telephone number of a person to contact for additional information or to whom
comments may be submitted.
Subp. 4.
Public notice of permit
application and preliminary determination.
The commissioner shall prepare and issue a public notice of a
completed application and the commissioner's preliminary determination as to
whether the permit should be issued or denied. The public notice must include,
at a minimum:
A. The address and
telephone number of the main agency office and the applicable agency regional
office and a statement that additional information may be obtained at these
offices.
B. The name and address of
the applicant, and if different, of the facility or activity that is the
subject of the permit application.
C. A concise description of the facility or
activity that is the subject of the permit application.
D. A statement of the preliminary
determination of the commissioner to issue or deny the permit.
E. If the commissioner's preliminary
determination is to issue the permit, a statement of the duration of the draft
permit.
F. A statement that a draft
permit has been prepared and, if applicable, that a fact sheet has been
prepared and that a copy of these documents will be mailed to any interested
person upon the agency's receipt of a written request.
G. A statement that during the public comment
period a person may submit comments to the agency on the draft permit or on the
preliminary determination, a statement of the dates on which the comment period
commences and terminates, and a statement of the information that the person is
required by part
7001.0110 to include in the
comments. The public comment period shall be 30 days unless a different public
comment period is specifically established by another agency rule.
H. A brief description of the procedures for
reaching a final decision on the permit application, including procedures for
requesting a public information meeting or a contested case hearing and the
nature of the two types of proceedings; and any other procedures by which the
public may participate in the agency's consideration of the permit
application.
Subp. 5.
Distribution of public notice.
The commissioner shall distribute the public notice in the
following manner:
A. The commissioner
shall make a copy of the public notice available at the main agency office and
at the applicable agency regional office.
B. The commissioner shall mail a copy of the
public notice to the applicant, to all persons who have registered their names
and addresses on the mailing list established under part
7001.0200, and to any interested
person upon request. If applicable, the commissioner shall also mail copies of
the public notice according to part
7001.0660, item C.
C. The commissioner shall circulate the
public notice within the geographical area of the facility or activity which is
the subject of the permit application. The commissioner shall designate the
geographical area which shall, as a minimum, include the county in which the
facility or activity is or will be located. The commissioner shall circulate
the public notice in one or more of the following ways:
(1) by posting the notice in the post office,
public library, or other buildings used by the general public in the designated
geographical area;
(2) by posting
the notice at or near the entrance of the applicant's premises, if located near
the facility or activity that is the subject of the permit
application;
(3) by publishing the
notice in one or more newspapers or periodicals of general circulation in the
designated geographical area;
(4)
by publishing the notice in a manner constituting legal notice to the public;
or
(5) if applicable, in the manner
required by part
7001.0210, subpart
4 and 7001.0660, item
D.
Statutory Authority: MS s
115.03;
116.07