Md. Code Regs. 26.13.07.20-2

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.13.07.20-2 - Administrative Procedures-Public Notices of Permit Actions and Public Comment Period

A. The Secretary shall give public notice that the following actions have occurred:

(1) A permit application has been tentatively denied;

(2) A draft permit has been prepared;

(3) Public hearings or informational meetings have been scheduled;

(4) An appeal has been granted;

(5) An application to own, operate, establish, or maintain a CHS facility has been received by the Department;

(6) An application to modify a CHS permit under Regulation .11 of this chapter has been received by the Department; and

(7) A final determination has been prepared under Regulation .20-1E of this chapter.

B. Public Notice-Denials. The Secretary:

(1) Is not required to provide public notice when a request for permit modification, revocation and reissuance, or termination is denied; and

(2) Shall provide written notice of a denial under §B(1) of this regulation to the requester and to the permittee.

C. Public notices may describe more than one permit or permit action.

D. Timing.

(1) Public notice of the preparation of a draft permit, including a notice of intent to deny a permit application, required under §A of this regulation 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.

(3) The Secretary may give public notice of a public hearing at the same time as public notice of the draft permit, and the two notices may be combined.

(4) The Secretary shall assure that a public notice of receipt of a permit application published as required by §E(3) of this regulation in accordance with §A(5) or (6) of this regulation is published within a reasonable period of time after the Department receives the application.

E. Methods.

(1) Except as provided in §E(2) of this regulation, the Secretary shall give public notice of activities described in §A of this regulation by mailing a copy of a notice to the following persons:

(a) The applicant;

(b) Any other agency who has issued or is required to issue a UIC, PSD, NPDES, or 404 permit 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 by:

(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; and

(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;

(e) Any unit of local government having jurisdiction over the area where the facility is proposed to be located; and

(f) Each State agency having any authority under State law with respect to the construction and operation of the facility.

(2) Any person otherwise entitled to receive notice under §E(1) of this regulation may waive the right to receive notice for any classes and categories of permits.

(3) The Secretary shall assure that any public notice required by §A of this regulation is published at least once a week for 2 consecutive weeks in a daily or weekly newspaper of general circulation in the geographical area in which the proposed facility is located.

(4) The Secretary shall give public notice through a broadcast message over a radio station that serves the community in which a facility is located or proposed to be located that any of the following has occurred:

(a) A CHS facility permit application has been tentatively denied;

(b) A draft CHS facility permit has been prepared; and

(c) A public hearing has been scheduled.

(5) The Secretary may:

(a) Require a permit applicant to provide notice of an informational meeting or a public hearing by mail to:

(i) Each person requesting the meeting or the hearing; or

(ii) An authorized representative of the person requesting the meeting or hearing; and

(b) Provide additional notice in the situations identified in §A of this regulation by requiring the permit applicant to post the notice at the proposed facility or at public facilities in the geographical area of the proposed facility.

(6) Responsibility for Publishing or Otherwise Providing Notice. For any notice given under §E(1)-(5) of this regulation, the Secretary shall:

(a) Require the permit applicant to provide the notice; or

(b) Provide the notice at the applicant's expense.

F. Public Notices-Content.

(1) General. The Secretary shall assure that all public notices issued under this regulation contain the following minimum information:

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

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

(c) A brief description of the business conducted at the facility or activity described in the permit application or the draft permit;

(d) Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit or draft general permit, as the case may be, statement of basis or fact sheet, and the application;

(e) A brief description of the comment procedures required by Regulations .20-4A and .20-5A of this chapter;

(f) The specific time and place of any hearing that will be held;

(g) 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 permit decision;

(h) The location of the administrative record required by Regulation .20-1D of this chapter, the times at which the record will be open for public inspection, and a statement that all data submitted by the applicant is available as part of the administrative record; and

(i) Any additional information the Secretary considers necessary or proper.

(2) Public Notices for Hearings. The Secretary shall ensure that:

(a) In addition to the information required to be contained in general public notices by §F(1) of this regulation, the public notice of a hearing on a draft permit contains 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 regulations and procedures; and

(b) All persons identified in §E(1)(a)-(c) of this regulation are mailed a copy of the fact sheet or statement of basis, information on how the permit application may be reviewed, and information on how the draft permit may be reviewed, in addition to the general public notice described in §F(1) of this regulation.

(3) Public Notices Announcing Receipt of an Application. The Secretary shall assure that public notices announcing the receipt of an application for a CHS facility permit under §A(5) and (6) of this regulation contain, in addition to the information required to be contained in general public notices by §F(1) of this regulation, the following information:

(a) The name and telephone number of a representative of the applicant;

(b) An address to which people may write in order to be put on the facility mailing list;

(c) A brief description of the facility and proposed operations, including the address or a map of the facility location on the front page of the notice;

(d) The date that the application was submitted; and

(e) Information on how to request that an informational meeting be held, or information on the time, date, and location of an informational meeting on the application if the Department has already scheduled one.

Md. Code Regs. 26.13.07.20-2