Current through Register Vol. XLI, No. 50, December 13, 2024
Section 60-3-7 - Public Involvement/Public NotificationThe public notification and public involvement requirements of this section apply to all Voluntary Remediation Program applicants. Additional public notification and public involvement requirements for applicants receiving Brownfields Revolving Fund moneys are detailed in subsection 15.7 below.
7.1. Public Notice of Applications for Voluntary Remediation Projects. - Upon receipt of an application to conduct a voluntary remediation under the Act, the Department shall publish a summary of the application by both a press release distributed through the Department's Public Notice Mailing List and to media outlets serving the general area where the remediation is proposed, as well as a legal advertisement in a newspaper of general circulation in the area where the site is located. Information contained in the summary shall include: 7.1.a. The name and business address of the applicant, including a street address or route number;7.1.b. Geographic location of site and, if one exists, the locally used name of the area;7.1.c. Current and former uses of the site; 7.1.d. Present and suspected contaminants on site;7.1.e. Proposed methods to remediate the site;7.1.f. Proposed methods to control possible health exposure;7.1.g. Location and address where interested persons may review application;7.1.h. Name, address, and telephone number of applicant contact for questions from interested individuals; and7.1.i. Name, address, and telephone number of Department contact where comments and questions can be received.7.2. Public Inspection of Voluntary Application. - Upon request, any member of the public may inspect and copy a voluntary remediation application at the Department's Charleston headquarters. Applicant shall place a copy of the application in the municipal offices, county commission offices, or county public library where the remediation is proposed until such time as all certificates of completion applicable to the application have been issued or the application is withdrawn. 7.3. Public Involvement/Public Notification in Development of Remediation Goal. 7.3.a. In the development of remediation goals pursuant to subdivisions 9.3.d and 9.4.a of this rule, the Secretary shall require a 30-day comment period and informational meeting.7.3.b. To notify the public of the start of the 30-day comment period, the applicant shall: 7.3.b.1. Publish once a week for four consecutive weeks an advertisement in a local newspaper of general circulation in the county where the remediation is occurring. 7.3.b.1.A. The advertisement shall be, at a minimum, four inches by four inches.7.3.b.1.B. The advertisement shall contain information as set forth in subsection 7.1 of this rule, as well as the date, time, and location of the informational meeting.7.3.b.2. The applicant shall send a copy of the advertisement to the municipality, the county commission, and either the county and/or municipal land use agency or the area's Regional Planning and Development Council created under W. Va. Code § 8-25-5.7.3.b.3. The informational meeting shall be held in the community where the remediation is occurring by day 21 of the 30-day comment period: provided, that a minimum of 15 days' notice is given for the meeting. The informational meeting shall address how remediation concerns apply to the site, including site risk issues such as key exposure assumptions, uncertainties, populations considered, the context of site risk to other risks, and how the remedy will address site risks.7.3.c. The applicant shall respond to comments received during the comment period and submit both the comments and the responses to the Secretary.7.3.d. The Secretary shall review the comments and applicant's responses when making a decision. The Secretary shall notify the parties who provided comments during the comment period of his or her decision.