Public notice is required when a permit application for a new land application facility has been received and deemed complete, and a tentative determination has been made to issue the permit; or when a public hearing has been scheduled. Land application sites permitted prior to the effective date of these rules are not subject to this section.

1. (1) The ADPH shall receive public comments for 30 days after a public notice is issued unless the time has been extended due to significant public interest.

2. (2) Public notice shall be provided using the following methods:

   1. (a) A copy of the public notice shall be sent to the persons listed below:

      1. 1. The person applying for a permit.
      2. 2. Federal and state agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans and other appropriate government authorities including any affected states.
      3. 3. To any unit of local government having jurisdiction over the area where the facility is proposed to be located.
      4. 4. To any person who has requested notification from the ADPH.
   2. (b) Public notice shall be published in a daily or weekly newspaper of general circulation within the county where the proposed facility is located once a week for four consecutive weeks.
   3. (c) Public notice shall be posted on the ADPH website.

3. (3) All public notices shall contain the following information:

   1. (a) Name and address of the LHD processing the permit application.
   2. (b) Name and address of the person applying for a permit and, if different, of the facility.
   3. (c) Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the permit application.
   4. (d) A general description of the public comment procedures, how to request a public hearing required by this rule, and the time and place of any public hearing that has been scheduled.

4. (4) Public comments and requests for a public hearing may be submitted as follows:

   1. (a) During the public comment period, any interested person may submit written comments to the permit application and may request a public hearing if no hearing has been scheduled.
   2. (b) A request for a public hearing shall be in writing and shall state the issues proposed to be raised in the hearing.

5. (5) The ADPH shall schedule a public hearing:

   1. (a) When there is a significant degree of public interest in a permit application or,
   2. (b) Whenever a hearing might clarify one or more issues involved in the permit decision.

6. (6) The ADPH shall hold a public hearing in the following manner:

   1. (a) Any person may present oral or written statements and data concerning the permit application to the ADPH. Reasonable limits may be set upon the time allowed for oral statement. As a result, the submission of written statements may be necessary.
   2. (b) The ADPH shall make a record of the public hearing available to the public in the form of an audio recording or written transcript.
7. (7) The ADPH shall prepare and make available to the public upon request, a response to substantive comments received during the public comment period or public hearing. A substantive comment is a comment that offers information or suggestions of a technical, environmental, legal, or regulatory nature that are applicable to the permit.
8. (8) After consideration of any comments received, the ADPH may issue the permit as drafted, revise the permit, or deny the permit.

Author: Karen Bishop

Statutory Authority: Code of Ala. 1975, §§22-2-2(6), 22-10-1 et seq., 22-20-5, 22-26-1, 22-26-2, 22-26-3.

History: New Rule: Published December 31, 2020; effective February 14, 2021.