§ 270a.81. Public hearings.
(a) During the public comment period provided under § 270a.80 (relating to public notice and comment requirements), an interested person may submit written comments on the draft permit and may request a public hearing, if a hearing is not already scheduled. A request for a public hearing shall be in writing and state the nature of the issues proposed to be raised in the hearing. The Department considers comments in making its final decision and answers these comments as provided in § 270a.10(c) (relating to general application requirements and permit issuance procedures).
(b) The Department follows the following procedures in a public hearing held under this subchapter:
(1) The Department holds a public hearing whenever, on the basis of requests received under subsection (a), it determines that a significant degree of public interest in a draft permit exists.
(2) The Department may hold a public hearing whenever a hearing might clarify issues involved in the permit decision.
(3) The Department holds a public hearing whenever it receives written notice of opposition to a draft permit and a request for a hearing within 45 days of public notice, under § 270a.80.
(4) The Department schedules, when possible, a hearing under this section at a location convenient to the nearest population center to the proposed facility.
(5) The Department gives public notice of the hearing under § 270a.80.
(6) A person may submit oral or written statements and data concerning the draft permit before, during or after the public hearing, as long as the Department receives the statements and data during the public comment period. The Department may set reasonable limits upon the time allowed for oral statements and may require the submission of statements in writing. The public comment period under § 270a.80 is automatically extended to the close of a public hearing under this section. The Department’s hearing officer may also extend the comment period by so stating at the hearing.
(7) The Department makes a tape recording or written transcript of the hearing available to the public.
Source The provisions of this § 270a.81 amended December 13, 2002, effective December 14, 2002, 32 Pa.B. 6102. Immediately preceding text appears at serial pages (255053) to (255054).
Cross References This section cited in 25 Pa. Code § 270a.10 (relating to general application requirements and permit issuance procedures); and 25 Pa. Code § 270a.80 (relating to public notice and comment requirements).
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