Ala. Admin. Code r. 335-16-7-.02
Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-16-7-.02 - Public Participation(1)Public notification of remediation. Once a remediation plan is determined to be complete, the eligible entity will provide the public, through a newspaper notice, the opportunity to submit written comments to the Department on the plan no later than 30 days from the date of the notice. The Department will also, in response to a legitimate request or at its own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning a remediation plan. The Department will give public notice of the hearing at least 30 days before it occurs.(2)Public notice procedures. Public notice of activities shall be given by the following methods:(a) By mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under 335-16-7-.02(2)(a)2. may waive his right to receive notice): 2. Persons on a mailing list developed by: (i) Including those who request in writing to be on the list;(ii) Soliciting persons for area lists from participants in past cleanup proceedings in that area; and3. Governmental Agencies: (i) To any unit of local government having jurisdiction over the area where the drycleaning facility, abandoned drycleaning facility, wholesale distributor, impacted third party, or adjacent landowner(s) property is located; and(ii) To each State agency having any authority under State law with respect to the construction or operation of such facility.(b) Publication of a notice in a daily or weekly major local newspaper of general circulation. The newspaper display advertisement should be located at a spot in the paper calculated to give effective notice to the general public, and should be large enough to be seen easily by the reader. In addition to the display ads, eligible entity is encouraged to place advertisements in free newspapers, community bulletins, newsletters, and other low-cost or free publications.(3)Contents. All public notices shall contain the following minimum information: (a) Name and address of the office processing the remediation action for which the notice is being given;(b) Name and address of the eligible entity and, if different, of the site or activity regulated by the remediation action;(c) A brief description of the business conducted at the site or activity described in the remediation application;(d) Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft plan; and(e) A brief description of the comment procedures 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 by which the public may participate in the final remediation decision.(4)Departmental Review. After considering any comments submitted during the public comment period and public hearing (if held), the Department will approve or disapprove the remediation plan within 30 days of the close of the comment period. In the event that the remediation plan is not approved, the Department shall provide the eligible entity with a detailed statement of reasons for the denial. The eligible entity must modify the remediation plan or submit a new remediation plan for approval within 30 days after receiving such written statement. If the Director modifies the remediation plan, this modified remediation plan becomes the approved remediation plan. A copy of the modified remediation plan with a detailed statement of reasons for the modifications will be mailed to the eligible entity. Author: Lawrence A. Norris
Ala. Admin. Code r. 335-16-7-.02
New Rule: Filed June 20, 2003; effective July 25, 2003.Statutory Authority:Code of Ala. 1975, § 22-30-11.