Current through Register Vol. 54, No. 44, November 2, 2024
Section 77.123 - Public hearings-informal conferences(a) A person having an interest that is, or may be, adversely affected may request in writing that the Department hold a public hearing or an informal conference on an application for a permit. The request shall:(1) Briefly summarize the issues to be raised by the requestor at the public hearing or informal conference.(2) Be filed with the Department within 30 days after the last publication of the newspaper advertisement placed by the applicant under § 77.121(a) (relating to public notices of filing of permit applications) or within 30 days of receipt of notice by the public entities to whom notification is provided under § 77.121(e).(b) Except as provided in subsection (c), if a public hearing or an informal conference is requested under subsection (a), the Department will hold a public hearing or an informal conference within 60 days following the close of the public comment period provided under § 77.122(a) (relating to opportunity for submission of written comments or objections on the permit application). The public hearing or informal conference will be conducted as follows:(1) The public hearing or informal conference shall be held in the locality of the proposed mining operation.(2) The date, time and location of the public hearing or informal conference shall be advertised by the Department in a newspaper of general circulation in the locality of the proposed mine at least 2 weeks prior to the scheduled public hearing or informal conference.(3) The public hearing or informal conference shall be conducted by a representative of the Department who may accept oral or written statements and other relevant information from a party to the public hearing or informal conference.(c) If the parties requesting the public hearing or informal conference agree to withdraw their request, the public hearing or informal conference need not be held.(d) Informal conferences held under § 77.504 (relating to distance limitations and areas designated as unsuitable for mining) may be used by the Department as the public hearing or informal conference required under proposed uses or relocation of public highways.(f) Within 60 days of the public hearing or informal conference, the Department will notify the applicant of its decision to approve or disapprove or of its intent to disapprove subject to the submission of additional information.(g) After the public hearing or informal conference, the Department will prepare a summary report regarding the comments submitted in association with the public hearing or informal conference. This document will be made publicly available prior to or upon approval or denial of the application.The provisions of this §77.123 adopted March 16, 1990, effective 3/17/1990, 20 Pa.B. 1643.Amended by Pennsylvania Bulletin, Vol 53, No. 33. August 19, 2023, effective 8/19/2023