R315-124-10. Procedures for Decisionmaking -- Public Notice of Permit Actions and Public Comment Period

  (a) Scope.

  (1) The Director shall give public notice that the following actions have occurred:

  (i) A permit application has been tentatively denied under Subsection R315-124-6(b); or

  (ii) A draft permit has been prepared under Subsection R315-124-6(d); or

  (iii) A hearing has been scheduled under Section R315-124-12;

  (2) No public notice is required when a request for permit modification, revocation and reissuance, or termination is denied under Subsection R315-124-5(b). Written notice of that denial shall be given to the requester and to the permittee.

  (3) Public notices may describe more than one permit or permit actions.

  (b) Timing.

  (1) Public notice of the preparation of a draft permit, including a notice of intent to deny a permit application, required under Subsection R315-124-10(a) shall allow at least 45 days for public comment.

  (2) Public notice of a public hearing shall be given at least 30 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.

  (c) Methods. Public notice of activities described in Subsection R315-124-10(a)(1) shall be given by the following methods:

  (1) By mailing or electronic mailing a copy of a notice to the following persons:

  (i) The applicant;

  (ii) Any other agency which the Director knows has issued or is required to issue a permit for the same facility or activity including EPA;

  (iii) Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources, State Historic Preservation Officers, including any affected States, and Indian Tribes.

  (iv) through (viii) Reserved

  (ix) Persons on a mailing list developed by:

  (A) Including those who request in writing to be on the list;

  (B) Soliciting persons for "area lists" from participants in past permit proceedings in that area; and

  (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, State law journals, or through the Department web page. The Director may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Director may delete from the list the name of any person who fails to respond to such a request.

  (x)(A) To any unit of local government having jurisdiction over the area where the facility is proposed to be located; and

  (B) to each State agency having any authority under State law with respect to the construction or operation of such facility.

  (2)(i) Reserved

  (ii) Publication of a notice in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations.

  (3) In a manner constituting legal notice to the public under State law; and

  (4) 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 forum or medium to elicit public participation.

  (5) Any person otherwise entitled to receive notice under Subsection R315-124-10(c) may waive his or her rights to receive notice for any classes and categories of permits.

  (d) Contents.

  (1) All public notices issued under Rule R315-124 shall contain the following minimum information:

  (i) Division of Waste Management and Radiation Control, P.O. Box 144880, Salt Lake City, Utah 84114-4880;

  (ii) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;

  (iii) A brief description of the business conducted at the facility or activity described in the permit application or the draft permit;

  (iv) Name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit, statement of basis or fact sheet, and the application; and

  (v) A brief description of the comment procedures required by Sections R315-124-11 and 12 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.

  (vi) through (ix) Reserved

  (x) Any additional information considered necessary or proper.

  (2) Public notices for hearings. In addition to the general public notice described in Subsection R315-124-10(d)(1), the public notice of a hearing under Section R315-124-12 shall contain the following information:

  (i) Reference to the date of previous public notices relating to the permit;

  (ii) Date, time, and place of the hearing; and

  (iii) A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.

  (e) In addition to the general public notice described in Subsection R315-124-10(d)(1), all persons identified in Subsections R315-124-10(c)(1) (i), (ii), and (iii) shall be mailed or provided electronically a copy of the fact sheet or statement of basis.