Ala. Admin. Code r. 335-8-1-.14

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-8-1-.14 - Public Notice and Hearings

(1) Prior to the Department issuing a decision on the issuance, modification, or denial of any permit or variance under this Administrative Code, or on the concurrence with or objection to a certificate of consistency for a use requiring a federal permit or license (including any use described in a plan for the exploration or development of, or production from any area leased under the Outer Continental Shelf Lands Act) or on the approval or disapproval of a local permitting program, or on the issuance, modification, or denial of a certificate of compliance for a use requiring a state permit, the Department or its agents (including other state or federal agencies) shall issue a public notice of the proposed activity for the purpose of soliciting public comment thereon or shall require the applicant for the Department permit or variance or federal permit or license to provide such notice in a manner prescribed by the Department. Said notice shall be issued at least fifteen (15) days prior to issuance of the Department's decision.

(2) The Department may provide an opportunity for a public hearing on the proposed activity if any person has satisfactorily demonstrated that a relevant and significant issue cannot be effectively or fully communicated to the Department in writing or a significant public interest would be served thereby. Any public hearing provided shall be announced at least thirty days prior to the hearing date.

(3) The Department will provide post notice of final determinations made on permit or variance applications to those individuals who properly request such notice in writing to the Department during the public comment period.

(4) Public notice may not be required for modifications, and permit extensions or renewals in which the impact is expected to be equal to or less than that originally permitted. All editorial changes and permit name changes shall not be subject to the public notice requirements of this rule.

Author: John C. Carlton

Ala. Admin. Code r. 335-8-1-.14

Effective: August 14, 1979. Amended: October 10, 1984; October 9, 1985. Repealed and New Rule: Filed May 26, 1994; Effective June 30, 1994.

Statutory Authority:Code of Ala. 1975, § § 9-7-16, 22-22A-5, 22-22A-6, 22-22A-8.