Current through Register Vol. 63, No. 3, March 1, 2024
(1) The department
has categorized permit actions according to environmental and public health
significance. Category 1 represents permit actions with low environmental and
public health significance and less public notice and opportunity for public
participation. Category 4 represents permit actions with potentially high
environmental and public health significance, and the greatest level of public
notice and opportunity for participation.
(2) OAR
340-093-0105
classifies permits as Category 1 through Category 4. If a permit action is
uncategorized, the permit action will be processed under Category 3. The
following describes the public notice and participation requirements for each
category:
(a) Category 1 - No public notice
or opportunity for public participation;
(b) Category 2 - The department will provide
public notice of the proposed permit action and a minimum of 30 days to submit
written comments.
(c) Category 3 -
The department will provide public notice of the proposed permit action and a
minimum of 35 days to submit written comments. The department will provide a
minimum of 30 days notice for a hearing if one is scheduled. The department
will schedule a hearing to allow interested persons to submit oral or written
comments if:
(A) Within 14 days of the
mailing of the notice, the department receives written requests from ten
persons, or from an organization representing at least ten persons, for a
hearing, or
(B) The department
determines that a hearing is necessary.
(d) Category 4 - Once an application is
considered complete under OAR
340-093-0070,
the department will:
(A) Provide public
notice of the receipt of a completed application and requested permitting
action; and
(B) Schedule an
informational meeting within the community where the facility will be or is
located and provide public notice of the meeting. The department will consider
any information gathered in this process when it drafts the proposed
permit.
(C) Once a draft permit is
completed, provide public notice of the proposed permit and a minimum of 40
days to submit written comments.
(D) Schedule a public hearing to allow
interested persons to submit oral or written comments and a minimum of 30 days
notice for the hearing.
(3) The department may move a permit action
to a higher category under (2) of this rule, based on, but not limited to, the
following factors:
(a) Anticipated public
interest in the facility;
(b)
Compliance and enforcement history of the facility or owner;
(c) Potential for significant environmental
or public harm due to location or type of facility; or
(d) A change in the nature of the facility or
the quantity or types of solid waste received, processed or disposed of at the
facility.
(4) The public
notice required under (2)(b), (2)(c) and (2)(d)(C) of this rule will contain at
least the following information:
(a) Name of
the applicant and location of the facility;
(b) Type of facility including a description
of the facility's process subject to the permit;
(c) Description of permitted substances
stored, disposed of, discharged or emitted, including whether there has been an
increase or decrease in the substance since the last permit action for the
facility;
(d) Location and
description of documents relied upon in preparing the draft permit
action;
(e) Other permits required
by the department;
(f) Date of
previous permit action;
(g)
Opportunity for public comment, whether in writing or in person;
(h) Compliance, enforcement and complaint
history along with resolution of the same; and
(i) A summary of the discretionary decisions
made by the department in drafting the permit.
(5) The department will provide the notice,
as required under section (2) of this rule, to the applicant, those requesting
notice of the permitting action, local news media, and other interested persons
as identified by the department.
Stat. Auth.: ORS 459.005 - 459.418 & 459A.100 -
459A.120
Stats. Implemented: ORS
459.245
