(a)
Within 10 months of the receipt of a complete petition, the Department will
hold a public hearing in the locality of the area covered by the petition. If
all petitioners and intervenors agree, the hearing need not be held.
(b) The hearing shall be legislative and
fact-finding in nature, without cross examination of witnesses.
(c) No person will bear the burden of proof
or persuasion.
(d) A verbatim
transcript of the hearing will be made and included in the public
record.
(e) The Department will give
notice of the date, time and location of the hearing by first class mail
postmarked not less than 30 days before this scheduled hearing to:
(1) Local, State and Federal agencies which
may have an interest in the decision on the petition.
(2) Persons known to the Department to have
an ownership or other interest in the area covered by the petition.
(f) The Department will give notice
of the date, time and location of the hearing by certified mail postmarked not
less than 30 days before the scheduled hearing to the petitioner and to the
intervenors.
(g) The Department will
notify the general public of the date, time and location of the hearing by
placing a newspaper advertisement once a week for 2 consecutive weeks in the
locale of the area covered by the petition and once during the week prior to
the scheduled date of the public hearing. The consecutive weekly advertisement
will begin between 4 and 5 weeks before the scheduled date of the public
hearing.
(h) The Department may
consolidate in a single hearing the hearings required for each of several
petitions which relate to areas in the same locale.
(i) Written comments on the petition will be
received and considered 15 days after the conclusion of the public hearing. If
a hearing will not be held on a petition, the comments may be received and
considered for 45 days following publication of a notice that there will be no
public hearing.
(j) Within 60 days
of the close of the public comment period, the Department will prepare a
recommendation to the EQB, including a statement of the reasons for the
recommendation and provide written notice of its recommendation to the
petitioner and intervenors.
(k) If
all petitioners and intervenors so stipulate, the petition may be withdrawn
from consideration prior to the hearing.
Notes
The
provisions of this § 86.125 adopted December 19, 1980, 10 Pa.B. 4789,
effective 7/31/1982, 12 Pa.B.
2382; amended July 30, 1982, 12 Pa.B. 2473, effective
7/31/1982, 12 Pa.B. 2382;
amended December 13, 1996, effective 12/14/1996, 26 Pa.B. 5962; amended October 8,
1999, effective 10/9/1999, 29
Pa.B. 5289.
The provisions of this § 86.125 amended under
the Surface Mining Conservation and Reclamation Act (52 P. S. §§
1396.1-1396.19a); the Coal Refuse
Disposal Control Act (52 P. S. §§
30.51-30.66); The Clean Streams Law
(35
P. S. §§
691.1-691.1001); sections 1920-A of
The Administrative Code of 1929 (71 P. S. §§
510-20 and
510-30).
This section cited in 25 Pa. Code §
86.103 (relating to procedures);
25 Pa. Code §
86.121 (relating to areas
designated unsuitable for mining); 25 Pa. Code §
86.124 (relating to procedures:
initial processing, recordkeeping and notification requirements); and 25 Pa.
Code §
86.130 (relating to areas
designated as unsuitable for
mining).
