33.1-24-07-06. Public notice of permit actions and public comment period.

1. Scope. a. The department shall give public notice that the following actions have occurred: (1) A permit application has been tentatively denied under subsection 2 of section 33.1-24-07-04. (2) A draft permit has been prepared under subsection 3 of section 33.1-24-07-04. (3) A hearing has been scheduled under section 33.1-24-07-08. (4) An appeal has been granted under subsection 3 of section 33.1-24-07-14. b. No public notice is required when a request for permit modification, revocation and reissuance, or termination is denied under subsection 2 of section 33.1-24-07-03. Written notice of that denial must be given to the requester and to the permittee. c. Public notices may describe more than one permit or permit action.

2. Timing. a. Public notice of the preparation of a draft permit (including a notice of intent to deny a permit application) required under subsection 1 must allow at least forty-five days for public comment.

1. b. Public notice of a public hearing must be given at least thirty days before the hearing. (Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.)3. Methods. Public notice of activities described in subdivision a of subsection 1 must be given by the following methods:- a. By mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this subsection may waive that person's rights to receive notice for any classes and categories of permits):
2. (1) The applicant.
3. (2) Any other agency which the department knows has issued or is required to issue permits for the same facility or activity, including the environmental protection agency.
4. (3) Federal and state agencies with jurisdiction over fish, shellfish, and wildlife resources, the advisory council on historic preservation, state historic preservation officers, and other appropriate government authorities, including other affected states.
5. (4) Persons on a mailing list developed by:
   1. (a) Including those who request in writing to be on the list;
   2. (b) Soliciting persons for 'area lists' from participants in past permit proceedings in that area; and
   3. (c) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in such publications as regional and state-funded newsletters, environmental bulletins, or state law journals. (The department may update the mailing list from time to time by requesting written indication of continued interest from those listed. The department may delete from the list the name of any person who fails to respond to such a request.)
6. (5) To any unit of local government having jurisdiction over the area where the facility is proposed to be located.
7. (6) To each state agency having any authority under state law with respect to construction or operation of such facility.
8. b. This notice must comply with subsection 6 of North Dakota Century Code section 23.1-04-08 and must be in a manner constituting legal notice to the public under state law.
9. c. Any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other form or medium to elicit public participation.4. Contents.- a. All public notices. All public notices issued under this chapter must contain the following minimum information:
10. (1) Name and address of the office processing the permit action for which notice is being given.

(2) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit. (3) A brief description of the business conducted at the facility or activity described in the permit application or the draft permit. (4) Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit, fact sheet, and the application. (5) A brief description of the comment procedures required by sections 33.1-24-07-07 and 33.1-24-07-08 and the time and place of any hearing that will be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final permit decision. (6) Any additional information considered necessary or proper. b. Public notices for hearings. In addition to the general public notice described in subdivision a, the public notice of a hearing under section 33.1-24-07-08 must contain the following information: (1) Reference to the date of previous public notices relating to the permit. (2) Date, time, and place of the hearing. (3) A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.

5. Distribution of copies. In addition to the general public notice described in subdivision a of subsection 4, all persons identified in paragraphs 1, 2, and 3 of subdivision a of subsection 3 must be mailed a copy of the fact sheet, the permit application (if any), and the draft permit (if any).

History: Effective January 1, 2019.

General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19