Or. Admin. Code § 345-027-0368 - Public Written Comment on the Draft Proposed Order for Requests for Amendment Under Type B Review

(1) After issuance of the draft proposed order as described in OAR 345-027-0365, the Council must solicit and receive written public comments on the draft proposed order. The Department must specify a written comment deadline at least 20 days after the draft proposed order is issued.

(2) Concurrent with the issuance of the draft proposed order as described in OAR 345-027-0365, the Department must:

(a) Send the notice described in section (3) of this rule by mail or email to:

(A) All persons on the Council's general mailing list as defined in OAR 345-011-0020;

(B) All persons on any special mailing list established for the facility;

(C) The reviewing agencies for the facility, as defined in OAR 345-001-0010(52); and

(D) The property owners on the list provided under OAR 345-027-360(1)(f);

(b) Post the complete request for amendment, draft proposed order, and the notice of the draft proposed order and written comment deadline on the Department's website; and

(c) Make physical copies of the draft proposed order available to the public for inspection.

(3) Notice of the complete request for amendment, draft proposed order and written comment deadline must include:

(a) A description of the facility and the facility's general location;

(b) The name, address, email address and telephone number of the Department representative to contact for additional information;

(c) Addresses of the physical locations and the website where the public may review copies of the complete request for amendment and draft proposed order;

(d) The deadline for the public to submit written comments to be included in the record of the draft proposed order and how such comments should be submitted; and

(e) A statement that:

(A) A complete request for amendment has been received and reviewed by the Department;

(B) The Department has issued a draft proposed order;

(C) To raise an issue on the record of the draft proposed order, a person must raise the issue in a written comment submitted after the date of the notice of the draft proposed order and written comment deadline, and received by the Department before the written comment deadline;

(D) The Council will not accept or consider any further public comment on the request for amendment or on the draft proposed order after the written comment deadline that closes the record on the draft proposed order; and

(E) Judicial review of the Council's final order either granting or denying an amended site certificate shall be as provided in ORS 469.403.

Notes

Or. Admin. Code § 345-027-0368

EFSC 9-2019, temporary adopt filed 08/22/2019, effective 8/22/2019through 2/17/2020; EFSC 1-2020, adopt filed 01/28/2020, effective 1/28/2020

Statutory/Other Authority: ORS 469.470

Statutes/Other Implemented: ORS 469.405