7 Del. Admin. Code § 1370-9.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1370-9.0 - Public Notice and Hearings

9.1 The Secretary shall advertise the receipt of the application in a newspaper of general circulation in the county in which the activity is proposed and in a daily newspaper of general circulation throughout the State. The advertisement shall include:

9.1.1 the fact that the site suitability report has been received,

9.1.2 a brief description of the nature of the site suitability report and the Petition for Reduction in Scope if applicable, and

9.1.3 the place at which a copy of the petition or report may be inspected.

9.2 The Secretary shall hold a public hearing if he receives a meritorious request for a hearing within a reasonable time as stated in the advertisement. The reasonable time stated shall be 15 days, unless federal law requires a longer time, in which case a longer time shall be stated. A public hearing may also be held if the Secretary deems it to be in the best interest of the State to do so. Notice of a public hearing shall be sent by mail to any person who has requested such notification from the Department. A public hearing request shall be deemed meritorious if it exhibits a familiarity with the petition or report and a reasoned statement of the permit's probable effects.

9.3 Hearings held pursuant to this regulation shall be conducted as follows:

9.3.1 Not less than 20 days notice shall be published in a newspaper of general circulation in the county in which the activity is to occur, and in a daily newspaper of general circulation throughout the State.

9.3.2 Such notification shall include:

9.3.2.1 a brief description of the subject of the hearing;

9.3.2.2 time, date, and place of hearing; and

9.3.2.3 time and place where copies of material may be obtained.

9.3.3 The parties may appear personally or by counsel at the hearing and produce any competent evidence on their behalf. The Secretary or the Board or its duly authorized designee may administer oaths, examine witnesses, and issue, in the name of the Department or the Board, notices of hearings or subpoena requiring the testimony of witness and production of books, records, or other documents relevant to any matter involved in such hearing. In case of refusal to obey a notice of hearing or subpoena under this Section, the Superior Court in the county in which the hearing is held shall have jurisdiction upon application of the Secretary or the Chairman of the Board, to issue an order requiring such person to appear and testify or produce evidence as the case may require.

9.3.4. A record from which a verbatim transcript can be prepared shall be made of all hearings, and shall, along with the exhibits and other documents introduced by the Secretary or other party, constitute the record. The expense of preparing any transcript shall be borne by the person requesting it. The Secretary or the Board or a duly authorized designee shall make findings of fact based on the record. The Secretary or the Board shall then enter an Order approving or denying the proposed Hazardous Waste Storage, Treatment or Disposal Facility location. The Secretary shall promptly give written notice to the persons affected by such Order.

9.3.5 The applicant is required to reimburse the Department for all costs associated with the administration of a public hearing held in accordance with the requirements of subsection 9.3.

7 Del. Admin. Code § 1370-9.0