OAR 340-093-0100: Public Notice and Participation Requirements Regarding Permit Actions

(1) The department has categorized permit actions according to environmental and public health significance. Category 1 represents permit actions with low environmental and public health significance and less public notice and opportunity for public participation. Category 4 represents permit actions with potentially high environmental and public health significance, and the greatest level of public notice and opportunity for participation. (2) OAR 340-093-0105 classifies permits as Category 1 through Category 4. If a permit action is uncategorized, the permit action will be processed under Category 3. The following describes the public notice and participation requirements for each category: (a) Category 1 — No public notice or opportunity for public participation; (b) Category 2 — The department will provide public notice of the proposed permit action and a minimum of 30 days to submit written comments. (c) Category 3 — The department will provide public notice of the proposed permit action and a minimum of 35 days to submit written comments. The department will provide a minimum of 30 days' notice for a hearing if one is scheduled. The department will schedule a hearing to allow interested persons to submit oral or written comments if: (A) Within 14 days of the mailing of the notice, the department receives written requests from ten persons, or from an organization representing at least ten persons, for a hearing, or (B) The department determines that a hearing is necessary. (d) Category 4 — Once an application is considered complete under OAR 340-093-0070, the department will: (A) Provide public notice of the receipt of a completed application and requested permitting action; and (B) Schedule an informational meeting within the community where the facility will be or is located and provide public notice of the meeting. The department will consider any information gathered in this process when it drafts the proposed permit. (C) Once a draft permit is completed, provide public notice of the proposed permit and a minimum of 40 days to submit written comments. (D) Schedule a public hearing to allow interested persons to submit oral or written comments and a minimum of 30 days' notice for the hearing. (3) The department may move a permit action to a higher category under (2) of this rule, based on, but not limited to, the following factors: (a) Anticipated public interest in the facility; (b) Compliance and enforcement history of the facility or owner; (c) Potential for significant environmental or public harm due to location or type of facility; or (d) A change in the nature of the facility or the quantity or types of solid waste received, processed or disposed of at the facility. (4) The public notice required under (2)(b), (2)(c) and (2)(d)(C) of this rule will contain at least the following information: (a) Name of the applicant and location of the facility; (b) Type of facility including a description of the facility's process subject to the permit; (c) Description of permitted substances stored, disposed of, discharged or emitted, including whether there has been an increase or decrease in the substance since the last permit action for the facility; (d) Location and description of documents relied upon in preparing the draft permit action; (e) Other permits required by the department; (f) Date of previous permit action; (g) Opportunity for public comment, whether in writing or in person; (h) Compliance, enforcement and complaint history along with resolution of the same; and (i) A summary of the discretionary decisions made by the department in drafting the permit. (5) The department will provide the notice, as required under section (2) of this rule, to the applicant, those requesting notice of the permitting action, local news media, and other interested persons as identified by the department.