Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 15 - PERMIT ISSUANCE; CHANGES; RENEWAL; TERMINATION; CLOSURES; DURATION
Section 128-15-007 - Public hearings; when required

Universal Citation: 128 NE Admin Rules and Regs ch 15 ยง 007

Current through September 17, 2024

007.01 The applicant, any affected state, any affected interstate agency, the Regional Administrator of EPA, or any interested agency, person or group of persons may request or petition the Director, in writing, within the 45-day comment period of the public notice, with respect to the application, for a public hearing, if no hearing has already been scheduled, and state the nature of the issues to be raised in the hearing.

007.01A The Director may hold an adjudicative hearing on the granting or denial of the permit if the Director determines that the circumstances justify it;

007.01B The Director shall hold an adjudicative hearing if it appears that the granting or denial of the permit interferes with or impairs or threatens to interfere with or impair the legal rights of the permit applicant or any person so that the situation falls within the Department's Title 115 - Rules of Practice and Procedure.

007.01C The Director may hold a public hearing if the comments, requests or petitions raise legal, policy or discretionary questions of general application not pertaining solely to a particular party and significant public interest exists with respect to the application; or

007.01D The Director shall hold a public hearing whenever he or she receives written notice of opposition to a draft permit and a request for a hearing within the 45 days public notice period.

007.02 Public notice of any hearing held shall be issued, circulated, and mailed in the same manner as public notice of pending issuance or denial of hazardous waste facility permit, as specified in Section 006 of this Chapter, and shall be so issued, circulated, and mailed at least 30 days prior to the public hearing. Whenever possible the Director shall schedule a hearing at a location convenient to the nearest population center to the proposed facility.

007.03 Content of public notice of hearing

In addition to the general public notice described in Section 006 of this Chapter, the public notice of hearing shall contain the following information:

007.03A Reference to the date of previous public notices relating to the permit;

007.03B Date, time, and place of hearing;

007.03C A brief description of the nature and purpose of the hearing, including the applicable rules and procedures;

007.03D A concise statement of the issues raised; and

007.03E A brief description of the permit term and conditions which have been contested and for which the hearing has been granted.

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