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CHAPTER 1200-01-07

(Rule 1200-01-07-.02, continued)

  • (iii)

    The Commissioner shall hold a public hearing whenever he receives written notice of significant public concern or opposition to a draft permit and a request for a hearing, within 45 days of public notice under subpart

    • (e)

      2(i) of this paragraph.

  • (iv)

    Public hearing held pursuant to this rule shall be at a location convenient to the nearest population center to the subject facility.


Public notice of the hearing shall be given as specified in subparagraph (e) of this paragraph.


Any person may submit oral or written statements and data concerning the draft permit. Reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing may be required. The public comment period under subparagraph (e) of this paragraph shall automatically be

extended to the close hearing officer may also

of any extend

public hearing under the comment period by

this subparagraph. The so stating at the hearing.

    • 3.

      A tape recording or written transcript of the hearing shall be made available to the public.

  • (h)

    Reopening of the Public Comment Period

  • 1.

    If any data, information, or arguments submitted during the public comment period appear to raise substantial new questions concerning a permit action, the Commissioner may (at his discretion or as directed by the Board) take one or more of the following actions:

    • (i)

      Prepare a new draft permit, appropriately modified, under subparagraph (c) of this paragraph;


Prepare a fact sheet or revised fact sheet under subparagraph (d) of this paragraph and reopen the comment period under subparagraph (e) of this paragraph; or

    • (iii)

      Reopen or extend the comment period under subparagraph (e) of this paragraph to give interested persons an opportunity to comment on the information or arguments submitted.

  • 2.

    Comments filed during the reopened comment period shall be limited to the substantial new questions that caused its reopening. The public notice under subparagraph (e) of this paragraph shall define the scope of the reopening.

  • 3.

    Public notice of any of the actions of part 1 of this subparagraph shall be issued under subparagraph (e) of this paragraph.

    • (i)

      Final Permit Decision


After the close of the public comment period under subparagraph (e) of this paragraph on a draft permit (including a notice of intent to deny a permit), the Commissioner shall issue a final permit decision. The Commissioner shall notify the applicant and each person who has submitted a written request for notice of the final permit decision. For the purposes of this subparagraph, a final permit decision means a final decision to issue, deny, modify, revoke and reissue, or terminate a permit.

May, 2010 (Revised)


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