250 R.I. Code R. 250-RICR-10-00-1.19

Current through November 7, 2024

Section 250-RICR-10-00-1.19 - Licensing or Permitting Procedures

A. Persons denied a license or permit from the Division may request an administrative hearing as provided for by statute.

B. Solid Waste Management Facilities

1. Appeals of issuance of a license or final denial of a solid waste management facility license must be filed in writing within thirty (30) days of issuance with the AAD for Environmental Matters.

2. Appeals shall be limited to the applicant; any person who provided substantive comment during the public comment period as indicated by the Director in his/her decision; and any person who shall demonstrate good cause for failure to participate and who demonstrates that his or her interest shall be substantially impacted if prohibited from appearance in the appeal.

3. Appeals shall be in writing and shall contain precise statements of the issues presented on appeal including statutory and regulatory citations and shall indicate the specific parts of the decision of the Director which are challenged.

4. Appeals shall be limited to those issues raised by the parties in the written appeal filed with the AAD provided however, that upon good cause shown, the AHO shall allow additional issues to be raised.

5. Hearings on appeals to the AAD are evidentiary hearings only.

6. The AHO shall determine and apportion to the applicant the actual costs of the appeal process exclusive of attorneys' fees.

C. Notice of Administrative hearing shall not issue until a denial or partial denial by the Division has been issued and an administrative hearing has been requested of the AAD.

D. Hazardous Waste Management Act Permits

1. Appeals of issuance of a permit or final denial of a Hazardous Waste Management Act permit must be filed in writing within thirty (30) days of issuance with the AAD for Environmental Matters. Petitions to intervene must likewise be filed within thirty (30) days of issuance.

2. Appeals/petitions to intervene shall be limited to the applicant and any person/entity who demonstrates an injury in fact which will result from the challenged action or application and whose interests are not adequately represented by existing parties to the hearing.

3. Appeals/petitions to intervene shall be in writing and shall contain precise statements of the issues presented on appeal including statutory and regulatory citations and shall indicate the specific parts of the decision of the Director which are challenged.

4. Appeals/petitions to intervene shall be limited to those issues raised by the parties in the written appeal/petition, filed with the AAD provided however, that upon good cause shown, the AHO shall allow additional issues to be raised.

250 R.I. Code R. 250-RICR-10-00-1.19