Nebraska Administrative Code
Section 126-2-017 - Public Notice of Pending Permit Issuance or Denial

Current through March 28, 2023

017.01 Public notice of every application and proposed determination to issue or deny a permit shall be issued by submitting the notice as a news release to the newspaper in the geographical area of the proposed activity or operation, and mailed to the applicant, any unit of local government having jurisdiction over the area where the activity or operation is proposed to be located, each state agency having any authority under state law with respect to the construction or operation of such activity or operation, and to any person or group, either upon request or whose names are on a Departmental mailing list to receive public notices.

017.02 Persons or groups will have thirty (30) days from issuance of the public notice to either provide the Director with any written comments concerning the proposed facility for which the public notice has been issued, and/or request a public hearing in writing pursuant to paragraph 018 of this Chapter. Such comment period may be extended by the Director.

017.03 If any information or public comment is received during the comment period which appears to raise substantial major issues concerning a permit, the Director may formulate a new draft permit which supersedes the original draft permit and recirculate the public notice. If no major issues are raised, and the Director issues the permit, the Director shall prepare a written response to each submitted comment.

017.04 Content of Public Notice

The public notice of an application shall contain:

017.04A Name, address and phone number of the agency issuing the public notice;

017.04B Name and address of the applicant;

017.04C A brief description of each applicant's activities or operations described in the application;

017.04D A statement of the tentative determination to issue or deny the activity or operation described in the application and that a draft permit has been prepared;

017.04E A brief description of the procedures for the final determination including the comment period allowed in paragraph 017 of this Chapter and any other appropriate means by which interested persons or groups may comment upon these determinations or request a public hearing; and

017.04F The address and phone number of premises at which interested persons may obtain further information, request a copy of the fact sheet described below, and inspect and copy forms and related documents.

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