Section 40. Requests for public hearing

A. Following the initial publication of notice, pursuant to § 6.32 or § 6.72 of Regulation No. 6, § 2.06 of Procedural Rule No. 2, or § 3.06 of Procedural Rule No. 3 (9VAC25-240-50), of the application for or tentative determination by the board to issue or deny a permit, or to modify or revoke an existing permit, the executive secretary will receive written requests for a public hearing to reconsider or contest such application or tentative determination and, if applicable, the terms and conditions thereof. The applicant or permittee or any person may submit such a request within the period provided by § 2.06 of Rule No. 2, § 3.07 of Rule No. 3 (9VAC25-240-60), or § 6.36 of Regulation No. 6.

B. Requests for a public hearing shall contain the following information:

1. The name, mailing address and telephone number of the requester;

2. The names and addresses of all persons for whom the requester is acting as a representative (for the purposes of this requirement, an unincorporated association is a person);

3. The reason why a hearing is requested;

4. A brief, informal statement setting forth the factual nature and the extent of the interest of the requester or of the persons for whom the requester is acting as representative in the application or tentative determination, including an explanation of how and to what extent such interest would be directly and adversely affected by the issuance, denial, modification, or revocation of the permit in question; and

5. Where possible, specific references to the terms and conditions of the permit in question, together with suggested revisions and alterations of those terms and conditions which the requester considers are needed to conform the permit to the intent and provisions of the Water Control Law.

Historical Notes

Derived from VR680-31-01 § 1.11, eff. June 10, 1980.

Statutory Authority

§§ 62.1-44.15(5) and (7), 62.1-44.16, 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.