132 Neb. Admin. Code, ch. 2, § 011

Current through September 17, 2024
Section 132-2-011 - Public Notice of Pending Permit Action
011.01 Public notice of every preliminary determination to issue, deny, transfer, modify, except for minor modifications described under Section 010.04 of this chapter, suspend, or revoke a permit shall contain the elements of 011.02 and shall be made by:
011.01A Submitting the notice as a news release and as a legal notice to the newspaper in the geographical area of the proposed activity or operation; and
011.01B Mailing the notice to the applicant, or permittee as applicable, any unit of local government having jurisdiction over the area where the activity or operation is proposed to be located, each state agency having any authority under state law with respect to the construction or operation of such activity and to any person, either upon request or whose names are on a Departmental mailing list to receive such public notices.
011.01C The legal notice, draft permit and administrative record shall be placed in a public repository in the affected geographical area to be served.
011.02 All public notices issued under these rules and regulations shall contain:
011.02A Name, address, and telephone number of the Department;
011.02B Name and address of the applicant;
011.02C A brief description of the applicant's proposed activities or operations;
011.02D A brief description of the procedures for final determinations, and means by which interested person or groups can participate in the process; or if applicable, a notice of the decision; and
011.02E The address and telephone number of the premises where interested persons may obtain further information.
011.03 Any person will have thirty (30) days from the date of the publication of the legal notice to:
011.03A Provide the Director with any written comments concerning the proposed facility for which the legal notice has been issued; or
011.03B Request a public hearing pursuant to Title 115.
011.04 After the public comment period and any public hearing, the Director shall publish notice of his or her decision. The applicant and other interested persons shall be notified of this decision.
011.05 Any aggrieved person wishing to contest the Director's decision may file a petition for a contested case within thirty (30) days of the Director's decision in accordance with the provisions of Title 115 of the Nebraska Administrative Code.
011.06 Any petition filed pursuant to 011.05 shall not act as a stay of permit.

132 Neb. Admin. Code, ch. 2, § 011