329 Ind. Admin. Code 3.1-13-10

Current through October 23, 2024

Section 329 IAC 3.1-13-10 - Public notice of permit actions and public comment period

Authority: IC 13-7-7; IC 13-7-8.5-4

Affected: 40 CFR 124.10

Sec. 10.

(a) The commissioner shall give public notice that either of the following actions have occurred:

(1) A draft permit has been prepared under section 8 of this rule.

(2) A hearing has been scheduled under section 12 of this rule.

(b) Timing for public notices shall be as follows:

(1) Public notice of the preparation of a draft permit required under subsection (a) shall allow at least forty-five (45) days for public comment.

(2) Public notice of a public hearing shall be given at least thirty (30) days before the hearing.

Public notice of the hearing may be given at the same time as public notice of the draft permit, and the two (2) notices may be combined.

(c) Public notice of activities described in subsection (a) shall be given by the following methods:

(1) By mailing a copy of a notice to the following persons (Any person otherwise entitled to receive notice under this section may waive his or her rights to receive notice for any classes and categories of permits.):

(A) The applicant.

(B) Any other agency which the commissioner knows has issued or is required to issue a UIC or 404 permit (See 33 U.S.C. 1344.) for the same facility or activity.

(C) Federal and state agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the advisory council on historic preservation, state historic preservation officers, and other appropriate government authorities, including any affected states.

(D) Persons on a mailing list developed as follows:

(i) Including those who request in writing to be on the list.

(ii) Soliciting persons for "area lists" from participants in past permit proceedings in that area.

(iii) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in such publications as regional and state funded newsletters, environmental bulletins, or state law journals.

The commissioner may update the mailing list from time to time by requesting written indication of continued interest from those listed. The commissioner may delete from the list the name of any person who fails to respond to such a request.

(E) Any unit of local government having jurisdiction over the area where the facility is located or is proposed to be located.

(F) Each state agency having any authority under state law with respect to the construction or operation of such facility.

(2) By publication of a notice in a daily or weekly major newspaper of general circulation and broadcast over local radio stations.

(3) By any other method reasonably calculated to give actual 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.

(d) All public notices issued shall contain the following minimum information:

(1) Name and address of the office processing the permit action for which notice is being given.

(2) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit.

(3) A brief description of the business conducted or proposed to be conducted at the facility or activity described in the permit application.

(4) Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit, fact sheet, and the application.

(5) A brief description of the comment procedures required by sections 11 through 13 of this rule and the time and place of any public hearing that will be held, including a statement of procedures to request a public hearing (unless a public hearing has already been scheduled) and other procedures by which the public may participate in the permit decision.

(6) Any additional information considered necessary or proper.

(e) In addition to the general public notice described in subsection (d), the public notice of a public hearing under section 12 of this rule shall contain the following information:

(1) Reference to the date of previous public notices relating to the permit.

(2) Date, time, and place of the public hearing.

(3) A brief description of the nature and purpose of the public hearing, including the applicable rules and procedures.

(f) In addition to the general public notice described in subsection (d), all persons identified in subsection (c) shall be mailed a copy of the fact sheet.

329 IAC 3.1-13-10

Solid Waste Management Board; 329 IAC 3.1-13-10; filed Jan 24, 1992, 2:00 p.m.: 15 IR 944; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535