Section 128-15-006 - Public notice of permit actions and public comment period006.01 A public notice of a draft permit, intent to deny, and public hearings shall be issued by circulating the notice in the geographical area of the proposed facility through publication in a daily or weekly newspaper with general circulation, and by broadcasting over local radio stations; and mailed to the applicant, any other agency which the Director knows has issued or is required to issue a Underground Injection Control, Prevention of Significant Deterioration (or other permit under the Clean Air Act), National Pollutant Discharge Elimination System, Clean Water Act Section 404 or sludge management permit for the same facility or activity, any unit of local government having jurisdiction over the area where the facility is proposed to be located, each state agency having any authority under state law with respect to the construction or operation of such facility, and to any other person or group, either upon request or whose names are on a Department mailing list as defined in Section 006.01A, to receive public notices. Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources, the Advisory Council on Historic Preservation, the State Historic Preservation Officer, and other appropriate authorities; including any affected States (Indian Tribes) and EPA shall also be mailed a copy of the notice. Any person otherwise entitled to receive notice may waive his or her rights to receive notice for any classes and categories of permit. 006.01A Department mailing list is a list developed by:006.01A1 Including those who request in writing to be on the list;006.01A2 Soliciting persons for "area lists" from participants in past proceedings in that area; and006.01A3 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 journals. (The Director may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Director may delete from the list the name of any person who fails to respond to such a request.)006.02 The Department shall notify all municipalities within ten miles of a proposed hazardous waste disposal area of the application together with the Director's decision to approve or deny by publication in a newspaper as provided in Section 006.01 of this Chapter.006.03 Persons or groups will have 45 days from issuance of public notice to either provide the Director with any written comments concerning the proposed facility for which the public notice has been issued, or request a public hearing in writing or both. Such 45 day period may be extended by the Director. All comments shall be considered in making the final decision and shall be answered as provided in Section 009 of this Chapter.006.04 If any information or public comment is received during the comment period which appears to raise substantial issues concerning a permit, the Director may formulate a new draft permit which supersedes the original draft permit and republish the public notice. If no substantial issues are raised, and the Director issues the permit, the Director shall prepare a written response to each submitted comment.006.05 Content of the public notice The public notice of an application shall contain:
006.05A Name, address and phone number of the agency processing the permit action and issuing the public notice;006.05B The name and address of the permittee or permit applicant, and if different, of the facility or activity regulated by the permit;006.05C A brief description of the business conducted at the facility or activity described in the permit application or the draft permit;006.05D A statement of the preliminary determination to issue or deny a permit for the activity described in the application and that where applicable, a draft permit has been prepared;006.05E 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 permit decision; and006.05F The address, phone number and name of the person from whom interested persons may obtain further information (including copies of the draft permit, statement of basis or fact sheet, and the application), and inspect and copy forms and related documents.006.05G The location of the administrative record, 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 public record.006.06 In addition to the general public notice described in this Section, the applicant, any other agency which the Director knows has issued or is required to issue a Underground Injection Control, Prevention of Significant Deterioration (or other permit under the Clean Air Act), National Pollutant Discharge Elimination System, Clean Water Act Section 404 or sludge management permit for the same facility or activity, Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources, the Advisory Council on Historic Preservation, the State Historic preservation Officers, and other appropriate government authorities including any affected States (Indian Tribes) and the EPA shall be mailed a copy of the fact sheet or statement of basis, the permit application (if any) and the draft permit (if any).128 Neb. Admin. Code, ch. 15, § 006