Public comment on issuance or revocation of cooperative agreements; notice.

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(A) The department shall provide at least 30 days for public comment on the proposed issuance or revocation of a cooperative agreement and in other instances as the department deems appropriate.

(B) The department shall prepare a public notice of a proposed action under subsection (A) that:

(1) briefly describes the facility that is the subject of the proposed action;

(2) identifies the proposed action and states whether any variances would be granted under Section 48-56-50 by the proposed action;

(3) identifies an employee of the department and an employee of the applicant or participant who may be contacted for additional information about the proposed action;

(4) states that the draft of the proposed action is available upon request;

(5) states that comments concerning the proposed action may be submitted to the department during the comment period and states the last date of the comment period.

(C) Before the start of the public comment period, the department shall provide the public notice under subsection (B) to the applicant or participant, the federal Environmental Protection Agency, the members of the interested persons group established under Section 48-56-60 and all persons who have asked to receive notice of proposed actions under subsection (A). The department shall mail the public notice to any other person upon request. The department shall make a copy of the public notice available at the department's main office and at the environmental quality control district office where the facility subject to the proposed action is located. The applicant shall circulate the public notice in the area of the facility subject to the proposed action by posting the notice in public buildings, publishing the notice in local newspapers, and by any other approaches that the department determines are effective.

(D) The department shall hold a public informational forum on a proposed action if the comments received during the public comment period demonstrate considerable public interest in the proposed action.

HISTORY: 2002 Act No. 318, Section 1.


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