Section 50. Disposition of requests for public hearing

A. The executive secretary shall review all timely requests for public hearing filed in accordance with the provisions of 9VAC25-230-40, and within 30 calendar days following the expiration of the time period for the submission of requests shall grant a public hearing if he finds the following:

1. That there is a significant public interest in the issuance, denial, modification or revocation of the permit in question; and

2. That there are substantial, disputed issues relevant to the issuance, denial, modification or revocation of the permit in questions; and

3. That the action requested is not on its face inconsistent with, or in violation of, the Water Control Law, federal law or any regulation promulgated thereunder; or

4. That a public hearing is required by statute.

B. The executive secretary shall, forthwith, notify by mail, by electronic or postal delivery, at his last known address (i) each requester and (ii) the applicant or permittee of his decision to convene or deny a public hearing.

C. If the executive secretary determines to hold a public hearing, he shall schedule the hearing at a time between 30 and 60 days after mailing of the notice required by 9VAC25-230-50 B.

D. The executive secretary shall cause notice of a public hearing under Regulation 6 to be published as required by § 6.37. The executive secretary shall cause notice of any public hearing under Rule No. 2 or Rule No. 3, (9VAC25-240-10 et seq.) to be published as follows:

1. A notice of the hearing shall be published once, in a newspaper of general circulation in the city or county where the facility or operation that is the subject of the permit or permit application is located, at least 30 days before the hearing date.

2. The notices mailed under 9VAC25-230-50B and published under 9VAC25-230-50D 1 shall contain the information specified in § 2.06 or 9VAC25-240-50, as appropriate, except that in the description of procedures for final determinations, the procedures for requesting a public hearing shall be replaced by a brief statement of the public hearing procedures and the issues upon which comment will be received.

E. In matters not related to the issuance, denial, modification, or revocation of a permit, the executive secretary may schedule public hearing upon his own motion in any location and upon any notice permitted by law.

Historical Notes

Derived from VR680-31-01 § 1.12, eff. June 10, 1980; amended, Volume 29, Issue 24, eff. September 1, 2013.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.