(a)
- (1) Only the applicant or permittee and those persons who submitted timely public comments on the record, if a public comment period was provided, shall have standing to appeal a final permitting decision to the Arkansas Pollution Control and Ecology Commission.
- (2) If no public comment period is provided for, closure/post closure plan approvals or modifications, the calculation of permit fees, exemptions, variances, and waivers, certifications or licenses, minor modifications of permits, bond reductions or releases, or administrative permit amendments, then any person who reasonably considers himself or herself injured in his or her person, business, or property by any of these decisions shall have standing to appeal the final permitting decision to the commission.
(b)
- (1) An applicant, permittee, or any other person with standing who desires to appeal a permitting decision must file a request for hearing with the commission secretary within thirty (30) days of the date of issuance of the Director of the Division of Environmental Quality’s final permitting decision.
- (2) If a person desires to participate in an existing appeal, that person must file a petition for intervention.
- (c) Any request for hearing or petition for intervention shall comply with the provisions of Subpart 6 of this part.