Current through Register Vol. XLI, No. 50, December 13, 2024
Section 57-1-5 - Determination of Completeness and Notification5.1. Within thirty (30) calendar days after the Board's determination that the application is complete, the Board shall, at the expense of the applicant, do the following:5.1.1. Publish in the State Register a notice of a public comment period and a public hearing and provide a copy of the application to the public library in the proposed host community (or the most proximate library) for public inspection; 5.1.1.a. The Board will hold the public hearing within sixty (60) calendar days of the Board's determination of the completeness of the application;5.1.1.b. The public hearing shall be in the county in which the commercial facility is proposed to be located, and at a location convenient to a population center nearest to the proposed facility location;5.1.1.c. An accurate record of the hearing, transcribed at the applicant's expense, shall be kept by the Board (i.e., cassette recording, stenographer);5.1.1.d. The close of the hearing also ends the written comment period. No written comments received after the close of the hearing will be considered, except as provided under Section 5.1.1.e. of this rule;5.1.1.e. The Board shall reopen the public comment period and schedule an additional public hearing if the Board finds it necessary for additional input on any unsettled issues concerning the application;5.1.1.f. The Board will make transcripts of the hearing available through the Division of Environmental Protections Public Information Office at a reasonable cost; provide written notice to the Chief Executive Officer of each affected community in which the proposed commercial facility is to be located; and direct the applicant to publish a Class I-O legal advertisement in at least two (2) daily or weekly newspapers having circulation within the vicinity of the proposed commercial facility. The legal advertisement shall identify the proposed location; the type of facility and activities involved; the name of the owner and operator; the date, time and place that the Board will convene a public hearing regarding the application; an address to which written comments can be sent; and the name, address and telephone number of a person from whom interested parties may obtain further information, including copies of the application. A qualified daily or weekly newspaper meets the criteria of W. Va. Code '59-3-1(b).