Idaho Admin. Code r. 58.01.13.400

Current through September 2, 2024

Section 58.01.13.400 - PUBLIC NOTICE AND COMMENT

01.Public Notice. No public notice is required when a request for a permit modification is denied. The Director will give public notice of:

a. Receipt of an application for a permit;

b. A scheduled public meeting;

c. Issuance of a draft permit and fact sheet or a decision to reject an application for a permit; and

d. An appeal that has been filed.

02.Public Notice Information. A public notice issued under this section will contain at least the following information:

a. Contact information for the Department and applicant;

b. Description of public involvement procedures and how to obtain additional public information available;

c. General description of the facility location;

d. Comment period; and

e. Public meeting location and time conducted under Subsection 400.06

03.Serving the Public Notice. Public notice of permit actions will be given by the following methods:

a. By mail to:

i. The applicant;

ii. Persons on the public notice mailing list developed under Subsection 400.04; and

iii. Other appropriate federal, tribal, state, or local government entities.

b. Publication in a daily or weekly major newspaper of general circulation in the area of the proposed cyanidation facility; and

c. Any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected.

04.Mailing List. The Department will develop a mailing list for public notices issued under this section by recording those who request in writing to be on the list, publishing notice of the opportunity to be on the mailing list on the Department's website, and periodically publishing in the local press and in regional and state-funded newsletters, environmental bulletins, state law journals or similar publications. The Department may update the mailing list from time to time by requesting written indication of continued interest from those listed and may delete from the list the name of any person who fails to respond to the Department's request.

05.Participation by Idaho Department of Lands. The Department will request that the Idaho Department of Lands participate in the public meeting with respect to performance criteria for permanent closure.

06.Public Comment Period. The Director will allow public comment on a draft permit for a period of sixty (60) days beginning on the date of the public notice for the draft permit. All written comments received during this public comment period will be considered by the Director.

07.Public Meeting. Within thirty (30) days after the date of the public notice for draft permit or draft major permit modification, the Department will hold a public meeting. Oral or written comments may be submitted by any person at the public meeting. The meeting will be conducted by an official designated by the Director. In order for the Department to address public comments in its Response to Public Comments pursuant to Subsection 450.02, comments must be submitted in writing during the public comment period under Subsection 400.06.

Idaho Admin. Code r. 58.01.13.400

Effective March 24, 2022