Or. Admin. Code § 632-037-0105 - Consolidated Public Hearing; Final Permits
(1) Within 15 days of receiving all draft
permits and the completion of its draft operating permit, the Department shall
issue public notice of the date and location of a consolidated public hearing
and period for written comment on all permits.
(2) A consolidated public hearing shall occur
not sooner than 45 days and not later than 60 days after the Department issues
a public notice under section (1) of this rule.
(3) At least seven days before the issuance
of a final operating permit, each cooperating agency shall submit to the
Department:
(a) Written concurrence or
non-concurrence with the terms and conditions of the final operating permit as
such pertain to the statutory authority of each cooperating agency; and
(b) Permit conditions within the
expertise and authority of the cooperating agency.
(4) The Department shall not issue a permit
until each cooperating agency has concurred with the terms and conditions of
the permit as such pertain to the statutory responsibility of each cooperating
agency.
(5) The Department shall
include permit conditions submitted by a cooperating agency as conditions on
the Department's final operating permit.
(6) If the Department finds that a proposed
permit condition imposed by a cooperating agency creates a conflict between
permits, the technical review team shall resolve the conflict.
(7) Based on information received at a
consolidated public hearing and within 45 days of the hearing, or within the
time period required by applicable federal law, whichever is sooner, each
permitting agency shall approve, deny or modify the agency's permit with
conditions necessary to ensure that the mining operation allowed under a permit
complies with the applicable standards and requirements.
(8) Each other permitting agency shall notify
the Department of the issuance of final permits. The Department shall provide
public notice of the issuance of final permits.
(9) Notwithstanding any other provisions of
law, the Department and any other permitting agency shall take final action to
issue or deny a permit subject to the consolidated application process within
one year after issuance of a notice to proceed. However, with the concurrence
of the applicant, the processing of the application may be suspended for a
period of time to allow the applicant to resolve issues having a bearing on, or
necessary to any permitting agency's decision on whether to issue or deny a
permit.
Notes
Stat. Auth.: ORS 517.750 - 517.995
Stats. Implemented: ORS 517.981
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