§ 62.1-44.15:02. Permits; procedures for public hearings and permits beforethe Board.
A. During the public comment period on a permit action, interested personsmay request a public hearing to contest such action or the terms andconditions thereof. Where public hearings are mandatory under state orfederal law or regulation, interested persons may request, during the publiccomment period on the permit action, that the Board consider the permitaction pursuant to the requirements of this section.
B. Requests for a public hearing or Board consideration shall contain thefollowing information:
1. The name, mailing address, and telephone number of the requester;
2. The names and addresses of all persons for whom the requester is acting asa representative (for the purposes of this requirement, an unincorporatedassociation is a person);
3. The reason why a public hearing or Board consideration is requested;
4. A brief, informal statement setting forth the factual nature and theextent of the interest of the requester or of the persons for whom therequester is acting as representative in the application or tentativedetermination, including an explanation of how and to what extent suchinterest would be directly and adversely affected by the issuance, denial,modification, or revocation of the permit in question; and
5. Where possible, specific references to the terms and conditions of thepermit in question, together with suggested revisions and alterations ofthose terms and conditions that the requester considers are needed to conformthe permit to the intent and provisions of the State Water Control Law (§62.1-44.2 et seq.).
C. Upon completion of the public comment period on a permit action, theDirector shall review all timely requests for public hearing or Boardconsideration filed during the public comment period on the permit action andwithin 30 calendar days following the expiration of the time period for thesubmission of requests shall grant a public hearing or Board considerationafter the public hearing required by state or federal law or regulation,unless the permittee or applicant agrees to a later date, if the Directorfinds the following:
1. That there is a significant public interest in the issuance, denial,modification, or revocation of the permit in question as evidenced by receiptof a minimum of 25 individual requests for a public hearing or Boardconsideration;
2. That the requesters raise substantial, disputed issues relevant to theissuance, denial, modification, or revocation of the permit in question; and
3. That the action requested is not on its face inconsistent with, or inviolation of, the State Water Control Law (§ 62.1-44.2 et seq.), federal lawor any regulation promulgated thereunder.
D. Either the Director or a majority of the Board members, actingindependently, may request a meeting of the Board to be convened within 20days of the Director's decision pursuant to subsection C in order to reviewsuch decision and determine by a majority vote of the Board whether or not togrant a public hearing or Board consideration, or to delegate the permit tothe Director for his decision.
For purposes of this subsection, if a Board meeting is held via electroniccommunication, the meeting shall be held in compliance with the provisions §2.2-3708, except that a quorum of the Board is not required to be physicallyassembled at one primary or central meeting location. Discussions of theBoard held via such electronic communication means shall be specificallylimited to a (i) review of the Director's decision pursuant to subsection C,(ii) determination of the Board whether or not to grant a public hearing orBoard consideration, or (iii) delegation of the permit to the Director forhis decision. No other matter of public business shall be discussed ortransacted by the Board during any such meeting held via electroniccommunication.
E. The Director shall, forthwith, notify by mail at his last known address(i) each requester and (ii) the applicant or permittee of the decision togrant or deny a public hearing or Board consideration.
F. In addition to subsections C, D, and E, the Director may, in hisdiscretion, convene a public hearing on a permit action or submit a permitaction to the Board for its consideration.
G. If a determination is made to hold a public hearing, the Director shallschedule the hearing at a time between 45 and 75 days after mailing of thenotice required by subsection E.
H. The Director shall cause, or require the applicant to publish, notice of apublic hearing to be published once, in a newspaper of general circulation inthe city or county where the facility or operation that is the subject of thepermit or permit application is located, at least 30 days before the hearingdate.
I. The Director may, on his own motion or at the request of the applicant orpermittee, for good cause shown, reschedule the date of the public hearing.In the event the Director reschedules the date for the public hearing afternotice has been published, he shall, or require the applicant to, providereasonable notice of the new date of the public hearing. Such notice shall bepublished once in the same newspaper where the original notice was published.
J. Public hearings held pursuant to these procedures may be conducted by (i)the Board at a regular or special meeting of the Board or (ii) one or moremembers of the Board. A member of the Board shall preside over the publichearing.
K. The presiding Board member shall have the authority to maintain order,preserve the impartiality of the decision process, and conclude the hearingprocess expeditiously. The presiding Board member, in order to carry out hisresponsibilities under this subsection, is authorized to exercise thefollowing powers, including but not limited to:
1. Prescribing the methods and procedures to be used in the presentation offactual data, arguments, and proof orally and in writing including theimposition of reasonable limitations on the time permitted for oral testimony;
2. Consolidating the presentation of factual data, arguments, and proof toavoid repetitive presentation of them;
3. Ruling on procedural matters; and
4. Acting as custodian of the record of the public hearing causing allnotices and written submittals to be entered in it.
L. The public comment period will remain open for 15 days after the close ofthe public hearing if required by § 62.1-44.15:01.
M. When the public hearing is conducted by less than a quorum of the Board,the Department shall, promptly after the close of the public hearing commentperiod, make a report to the Board.
N. After the close of the public hearing comment period, the Board shall, ata regular or special meeting, take final action on the permit. Such decisionshall be issued within 90 days of the close of the public comment period orfrom a later date, as agreed to by the permittee or applicant and the Boardor the Director. The Board shall not take any action on a permit where apublic hearing was convened solely to satisfy the requirements of state orfederal law or regulation unless the permit was provided to the Board for itsconsideration pursuant to the provisions of this section.
O. When the public hearing was conducted by less than a quorum of the Board,persons who commented during the public comment period shall be afforded anopportunity at the Board meeting when final action is scheduled to respond toany summaries of the public comments prepared by the Department for theBoard's consideration subject to such reasonable limitations on the timepermitted for oral testimony or presentation of repetitive material as aredetermined by the Board.
P. In making its decision, the Board shall consider (i) the verbal andwritten comments received during the public comment period made part of therecord, (ii) any explanation of comments previously received during thepublic comment period made at the Board meeting, (iii) the comments andrecommendation of the Department, and (iv) the agency files. When thedecision of the Board is to adopt the recommendation of the Department, theBoard shall provide in writing a clear and concise statement of the legalbasis and justification for the decision reached. When the decision of theBoard varies from the recommendation of the Department, the Board shall, inconsultation with legal counsel, provide a clear and concise statementexplaining the reason for the variation and how the Board's decision is incompliance with applicable laws and regulations. The written statement shallbe provided contemporaneously with the decision of the Board. Copies of thedecision, certified by the Director, shall be mailed by certified mail to thepermittee or applicant.
§ 62.1-44.15:02. Permits; procedures for public hearings and permits beforethe Board.
A. During the public comment period on a permit action, interested personsmay request a public hearing to contest such action or the terms andconditions thereof. Where public hearings are mandatory under state orfederal law or regulation, interested persons may request, during the publiccomment period on the permit action, that the Board consider the permitaction pursuant to the requirements of this section.
B. Requests for a public hearing or Board consideration shall contain thefollowing information:
1. The name, mailing address, and telephone number of the requester;
2. The names and addresses of all persons for whom the requester is acting asa representative (for the purposes of this requirement, an unincorporatedassociation is a person);
3. The reason why a public hearing or Board consideration is requested;
4. A brief, informal statement setting forth the factual nature and theextent of the interest of the requester or of the persons for whom therequester is acting as representative in the application or tentativedetermination, including an explanation of how and to what extent suchinterest would be directly and adversely affected by the issuance, denial,modification, or revocation of the permit in question; and
5. Where possible, specific references to the terms and conditions of thepermit in question, together with suggested revisions and alterations ofthose terms and conditions that the requester considers are needed to conformthe permit to the intent and provisions of the State Water Control Law (§62.1-44.2 et seq.).
C. Upon completion of the public comment period on a permit action, theDirector shall review all timely requests for public hearing or Boardconsideration filed during the public comment period on the permit action andwithin 30 calendar days following the expiration of the time period for thesubmission of requests shall grant a public hearing or Board considerationafter the public hearing required by state or federal law or regulation,unless the permittee or applicant agrees to a later date, if the Directorfinds the following:
1. That there is a significant public interest in the issuance, denial,modification, or revocation of the permit in question as evidenced by receiptof a minimum of 25 individual requests for a public hearing or Boardconsideration;
2. That the requesters raise substantial, disputed issues relevant to theissuance, denial, modification, or revocation of the permit in question; and
3. That the action requested is not on its face inconsistent with, or inviolation of, the State Water Control Law (§ 62.1-44.2 et seq.), federal lawor any regulation promulgated thereunder.
D. Either the Director or a majority of the Board members, actingindependently, may request a meeting of the Board to be convened within 20days of the Director's decision pursuant to subsection C in order to reviewsuch decision and determine by a majority vote of the Board whether or not togrant a public hearing or Board consideration, or to delegate the permit tothe Director for his decision.
For purposes of this subsection, if a Board meeting is held via electroniccommunication, the meeting shall be held in compliance with the provisions §2.2-3708, except that a quorum of the Board is not required to be physicallyassembled at one primary or central meeting location. Discussions of theBoard held via such electronic communication means shall be specificallylimited to a (i) review of the Director's decision pursuant to subsection C,(ii) determination of the Board whether or not to grant a public hearing orBoard consideration, or (iii) delegation of the permit to the Director forhis decision. No other matter of public business shall be discussed ortransacted by the Board during any such meeting held via electroniccommunication.
E. The Director shall, forthwith, notify by mail at his last known address(i) each requester and (ii) the applicant or permittee of the decision togrant or deny a public hearing or Board consideration.
F. In addition to subsections C, D, and E, the Director may, in hisdiscretion, convene a public hearing on a permit action or submit a permitaction to the Board for its consideration.
G. If a determination is made to hold a public hearing, the Director shallschedule the hearing at a time between 45 and 75 days after mailing of thenotice required by subsection E.
H. The Director shall cause, or require the applicant to publish, notice of apublic hearing to be published once, in a newspaper of general circulation inthe city or county where the facility or operation that is the subject of thepermit or permit application is located, at least 30 days before the hearingdate.
I. The Director may, on his own motion or at the request of the applicant orpermittee, for good cause shown, reschedule the date of the public hearing.In the event the Director reschedules the date for the public hearing afternotice has been published, he shall, or require the applicant to, providereasonable notice of the new date of the public hearing. Such notice shall bepublished once in the same newspaper where the original notice was published.
J. Public hearings held pursuant to these procedures may be conducted by (i)the Board at a regular or special meeting of the Board or (ii) one or moremembers of the Board. A member of the Board shall preside over the publichearing.
K. The presiding Board member shall have the authority to maintain order,preserve the impartiality of the decision process, and conclude the hearingprocess expeditiously. The presiding Board member, in order to carry out hisresponsibilities under this subsection, is authorized to exercise thefollowing powers, including but not limited to:
1. Prescribing the methods and procedures to be used in the presentation offactual data, arguments, and proof orally and in writing including theimposition of reasonable limitations on the time permitted for oral testimony;
2. Consolidating the presentation of factual data, arguments, and proof toavoid repetitive presentation of them;
3. Ruling on procedural matters; and
4. Acting as custodian of the record of the public hearing causing allnotices and written submittals to be entered in it.
L. The public comment period will remain open for 15 days after the close ofthe public hearing if required by § 62.1-44.15:01.
M. When the public hearing is conducted by less than a quorum of the Board,the Department shall, promptly after the close of the public hearing commentperiod, make a report to the Board.
N. After the close of the public hearing comment period, the Board shall, ata regular or special meeting, take final action on the permit. Such decisionshall be issued within 90 days of the close of the public comment period orfrom a later date, as agreed to by the permittee or applicant and the Boardor the Director. The Board shall not take any action on a permit where apublic hearing was convened solely to satisfy the requirements of state orfederal law or regulation unless the permit was provided to the Board for itsconsideration pursuant to the provisions of this section.
O. When the public hearing was conducted by less than a quorum of the Board,persons who commented during the public comment period shall be afforded anopportunity at the Board meeting when final action is scheduled to respond toany summaries of the public comments prepared by the Department for theBoard's consideration subject to such reasonable limitations on the timepermitted for oral testimony or presentation of repetitive material as aredetermined by the Board.
P. In making its decision, the Board shall consider (i) the verbal andwritten comments received during the public comment period made part of therecord, (ii) any explanation of comments previously received during thepublic comment period made at the Board meeting, (iii) the comments andrecommendation of the Department, and (iv) the agency files. When thedecision of the Board is to adopt the recommendation of the Department, theBoard shall provide in writing a clear and concise statement of the legalbasis and justification for the decision reached. When the decision of theBoard varies from the recommendation of the Department, the Board shall, inconsultation with legal counsel, provide a clear and concise statementexplaining the reason for the variation and how the Board's decision is incompliance with applicable laws and regulations. The written statement shallbe provided contemporaneously with the decision of the Board. Copies of thedecision, certified by the Director, shall be mailed by certified mail to thepermittee or applicant.
§ 62.1-44.15:02. Permits; procedures for public hearings and permits beforethe Board.
A. During the public comment period on a permit action, interested personsmay request a public hearing to contest such action or the terms andconditions thereof. Where public hearings are mandatory under state orfederal law or regulation, interested persons may request, during the publiccomment period on the permit action, that the Board consider the permitaction pursuant to the requirements of this section.
B. Requests for a public hearing or Board consideration shall contain thefollowing information:
1. The name, mailing address, and telephone number of the requester;
2. The names and addresses of all persons for whom the requester is acting asa representative (for the purposes of this requirement, an unincorporatedassociation is a person);
3. The reason why a public hearing or Board consideration is requested;
4. A brief, informal statement setting forth the factual nature and theextent of the interest of the requester or of the persons for whom therequester is acting as representative in the application or tentativedetermination, including an explanation of how and to what extent suchinterest would be directly and adversely affected by the issuance, denial,modification, or revocation of the permit in question; and
5. Where possible, specific references to the terms and conditions of thepermit in question, together with suggested revisions and alterations ofthose terms and conditions that the requester considers are needed to conformthe permit to the intent and provisions of the State Water Control Law (§62.1-44.2 et seq.).
C. Upon completion of the public comment period on a permit action, theDirector shall review all timely requests for public hearing or Boardconsideration filed during the public comment period on the permit action andwithin 30 calendar days following the expiration of the time period for thesubmission of requests shall grant a public hearing or Board considerationafter the public hearing required by state or federal law or regulation,unless the permittee or applicant agrees to a later date, if the Directorfinds the following:
1. That there is a significant public interest in the issuance, denial,modification, or revocation of the permit in question as evidenced by receiptof a minimum of 25 individual requests for a public hearing or Boardconsideration;
2. That the requesters raise substantial, disputed issues relevant to theissuance, denial, modification, or revocation of the permit in question; and
3. That the action requested is not on its face inconsistent with, or inviolation of, the State Water Control Law (§ 62.1-44.2 et seq.), federal lawor any regulation promulgated thereunder.
D. Either the Director or a majority of the Board members, actingindependently, may request a meeting of the Board to be convened within 20days of the Director's decision pursuant to subsection C in order to reviewsuch decision and determine by a majority vote of the Board whether or not togrant a public hearing or Board consideration, or to delegate the permit tothe Director for his decision.
For purposes of this subsection, if a Board meeting is held via electroniccommunication, the meeting shall be held in compliance with the provisions §2.2-3708, except that a quorum of the Board is not required to be physicallyassembled at one primary or central meeting location. Discussions of theBoard held via such electronic communication means shall be specificallylimited to a (i) review of the Director's decision pursuant to subsection C,(ii) determination of the Board whether or not to grant a public hearing orBoard consideration, or (iii) delegation of the permit to the Director forhis decision. No other matter of public business shall be discussed ortransacted by the Board during any such meeting held via electroniccommunication.
E. The Director shall, forthwith, notify by mail at his last known address(i) each requester and (ii) the applicant or permittee of the decision togrant or deny a public hearing or Board consideration.
F. In addition to subsections C, D, and E, the Director may, in hisdiscretion, convene a public hearing on a permit action or submit a permitaction to the Board for its consideration.
G. If a determination is made to hold a public hearing, the Director shallschedule the hearing at a time between 45 and 75 days after mailing of thenotice required by subsection E.
H. The Director shall cause, or require the applicant to publish, notice of apublic hearing to be published once, in a newspaper of general circulation inthe city or county where the facility or operation that is the subject of thepermit or permit application is located, at least 30 days before the hearingdate.
I. The Director may, on his own motion or at the request of the applicant orpermittee, for good cause shown, reschedule the date of the public hearing.In the event the Director reschedules the date for the public hearing afternotice has been published, he shall, or require the applicant to, providereasonable notice of the new date of the public hearing. Such notice shall bepublished once in the same newspaper where the original notice was published.
J. Public hearings held pursuant to these procedures may be conducted by (i)the Board at a regular or special meeting of the Board or (ii) one or moremembers of the Board. A member of the Board shall preside over the publichearing.
K. The presiding Board member shall have the authority to maintain order,preserve the impartiality of the decision process, and conclude the hearingprocess expeditiously. The presiding Board member, in order to carry out hisresponsibilities under this subsection, is authorized to exercise thefollowing powers, including but not limited to:
1. Prescribing the methods and procedures to be used in the presentation offactual data, arguments, and proof orally and in writing including theimposition of reasonable limitations on the time permitted for oral testimony;
2. Consolidating the presentation of factual data, arguments, and proof toavoid repetitive presentation of them;
3. Ruling on procedural matters; and
4. Acting as custodian of the record of the public hearing causing allnotices and written submittals to be entered in it.
L. The public comment period will remain open for 15 days after the close ofthe public hearing if required by § 62.1-44.15:01.
M. When the public hearing is conducted by less than a quorum of the Board,the Department shall, promptly after the close of the public hearing commentperiod, make a report to the Board.
N. After the close of the public hearing comment period, the Board shall, ata regular or special meeting, take final action on the permit. Such decisionshall be issued within 90 days of the close of the public comment period orfrom a later date, as agreed to by the permittee or applicant and the Boardor the Director. The Board shall not take any action on a permit where apublic hearing was convened solely to satisfy the requirements of state orfederal law or regulation unless the permit was provided to the Board for itsconsideration pursuant to the provisions of this section.
O. When the public hearing was conducted by less than a quorum of the Board,persons who commented during the public comment period shall be afforded anopportunity at the Board meeting when final action is scheduled to respond toany summaries of the public comments prepared by the Department for theBoard's consideration subject to such reasonable limitations on the timepermitted for oral testimony or presentation of repetitive material as aredetermined by the Board.
P. In making its decision, the Board shall consider (i) the verbal andwritten comments received during the public comment period made part of therecord, (ii) any explanation of comments previously received during thepublic comment period made at the Board meeting, (iii) the comments andrecommendation of the Department, and (iv) the agency files. When thedecision of the Board is to adopt the recommendation of the Department, theBoard shall provide in writing a clear and concise statement of the legalbasis and justification for the decision reached. When the decision of theBoard varies from the recommendation of the Department, the Board shall, inconsultation with legal counsel, provide a clear and concise statementexplaining the reason for the variation and how the Board's decision is incompliance with applicable laws and regulations. The written statement shallbe provided contemporaneously with the decision of the Board. Copies of thedecision, certified by the Director, shall be mailed by certified mail to thepermittee or applicant.
