Utah Administrative Code
Topic - Environmental Quality
Title R315 - Waste Management and Radiation Control, Waste Management
Rule R315-124 - Procedures for Decisionmaking
Section R315-124-10 - Procedures for Decisionmaking - Public Notice of Permit Actions and Public Comment Period
Universal Citation: UT Admin Code R 315-124-10
Current through Bulletin 2024-06, March 15, 2024
(a) Scope.
(1) The director shall give public notice
that the following actions have occurred:
(i)
a permit application has been tentatively denied under Subsection
R315-124-6(b); or
(ii) a draft
permit has been prepared under Subsection R315-124-6(d); or
(iii) a hearing has been scheduled under
Section R315-124-12;
(2)
Unless the director decides to submit the request to public notice, comment, or
hearing under Subsection R315-124-5(b), no public notice is required if a
request for permit modification, revocation and reissuance, or termination is
denied under Subsection R315-124-5(b). Written notice of that denial shall be
given to the requester and to the permittee.
(3) Public notices may describe more than one
permit or permit actions.
(b) Timing.
(1) Public notice of the preparation of a
draft permit, including a notice of intent to deny a permit application,
required under Subsection R315-124-10(a) shall allow at least 45 days for
public comment.
(2) Public notice
of a public hearing shall be given at least 30 days before the hearing. Public
notice of the hearing may be given at the time of the public notice of the
draft permit and the two notices may be combined.
(c) Methods. Public notice of activities described in Subsection R315-124-10(a)(1) shall be given by the following methods:
(1) by mailing or electronic mailing
a copy of a notice to the following persons:
(i) the applicant;
(ii) any other agency that the director knows
has issued or is required to issue a permit for the facility or activity
including EPA;
(iii) federal and
state agencies with jurisdiction over fish, shellfish, and wildlife resources,
state historic preservation officers, including any affected states, and indian
tribes;
(iv) through (viii)
Reserved;
(ix) persons on a mailing
list developed by:
(A) including those who
request in writing to be on the list;
(B) soliciting persons for area lists from
participants in past permit proceedings in that area; and
(C) notifying the public of the opportunity
to be put on the mailing list through periodic publication in the public press
and in publications such as regional and state funded newsletters,
environmental bulletins, state law journals, or through the department web
page. The director may update the mailing list from time to time by requesting
written indication of continued interest from those listed. The director may
delete from the list the name of any person who fails to respond to such a
request.
(x)
(A) to any unit of local government having
jurisdiction over the area where the facility is proposed to be located;
and
(B) to each state agency having
any authority under state law with respect to the construction or operation of
the facility;
(2)
(i)
Reserved;
(ii) publication of a
notice in a daily or weekly major local newspaper of general circulation for
hazardous waste facilities and nonhazardous solid waste management facilities
and broadcast over local radio stations for hazardous waste
facilities;
(3) in a
manner constituting legal notice to the public under state law; and
(4) any other method reasonably calculated 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.
(5) Any person
otherwise entitled to receive notice under Subsection R315-124-10(c) may waive
their rights to receive notice for any classes and categories of
permits.
(d) Contents.
(1) Each public notice issued under Rule
R315-124 shall contain the following minimum information:
(i) Division of Waste Management and
Radiation Control, P.O. Box 144880, Salt Lake City, Utah 84114-4880;
(ii) name and address of the permittee or
permit applicant and, if different, of the facility or activity regulated by
the permit;
(iii) a brief
description of the business conducted at the facility or activity described in
the permit application or the draft permit;
(iv) name, address and telephone number of a
person from whom interested persons may obtain further information, including
copies of the draft permit, statement of basis or fact sheet, and the
application; and
(v) a brief
description of the comment procedures required by Sections R315-124-11 and
R315-124-12 and the time and place of any hearing that will be held, including
a statement of procedures to request a hearing, unless a hearing has already
been scheduled, and other procedures that the public may participate in the
final permit decision; and
(vi) through (ix)
Reserved;
(x) any
additional information considered necessary or proper.
(2) Public notices for hearings. In addition
to the general public notice described in Subsection R315-124-10(d)(1), the
public notice of a hearing under Section R315-124-12 shall contain the
following information:
(i) reference to the
date of previous public notices relating to the permit;
(ii) date, time, and place of the hearing;
and
(iii) a brief description of
the nature and purpose of the hearing, including the applicable rules and
procedures.
(e) In addition to the general public notice described in Subsection R315-124-10(d)(1), the persons identified in Subsections R315-124-10(c)(1)(i), R315-124-10(c)(1)(ii), and R315-124-10(c)(1)(iii) shall be mailed or provided electronically a copy of the fact sheet or statement of basis.
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