1. (a) Any person or group of persons may make a request during the public comment period to the department that a public hearing be held by the department regarding the issuance of a title V operating permit.

2. (b) Any such request shall:

   1. (1) Indicate the interest of the person(s) filing such a request;
   2. (2) Indicate the reason(s) that a public hearing is warranted;
   3. (3) Indicate the material issues which the person(s) would like to have addressed at such hearing;
   4. (4) Be in writing; and
   5. (5) Be delivered to the department office by 4:00 p.m. on or before the date stated in the public notice required under Env-A 622.02.

3. (c) The department shall grant the request for a public hearing on a title V operating permit unless it is determined that:

   1. (1) The issue(s) raised in the request for a public hearing is immaterial or irrelevant; or
   2. (2) The person or group making the request did not comply with (b), above.
4. (d) The department shall provide written notice of the grant or denial of a request for hearing to the person(s) making the request and to the applicant of the title V operating permit. If the request is denied, the department shall also provide the reason(s) for the denial.

5. (e) Upon granting a request for a public hearing, the department shall:

   1. (1) Schedule a public hearing to be conducted in accordance with the procedures specified in Env-A 203; and
   2. (2) Notify the applicant and the requesting party of the hearing date, location, and time.
6. (f) The notice specified in (e)(2), above, shall be published by either the department or the applicant, at the applicant’s option, at least 30 days prior to the public hearing in a newspaper of general daily circulation and in a newspaper of general circulation in an area in which the site is located.

7. (g) The applicant shall provide to the department:

   1. (1) Proof of each publication of the notice if the applicant publishes it; or
   2. (2) Payment of the publication costs incurred by the department and an administrative fee of $15.00 if the applicant asks the department to publish the notice.

Source. #1710, eff 2-19-81; ss by #2332, eff 4-29-83; ss by 2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #6057-B, eff 6-30-95; EXPIRED: 6-30-03 New. #8129, eff 7-28-04 (formerly Env-A 206.05); ss by #10175, eff 9-1-12; ss by #13510, eff 12-17-22