§ 7712. Type 1 Procedures
(a) Purpose; scope.
(1) The purpose of this section is to establish the public notice and comment requirements
that the Department must follow when adopting general permits and considering applications
for individual permits under the Clean Air Act and Clean Water Act.
(2) This section governs each application for a permit to be issued by the Secretary pursuant
to the requirements of the Clean Air Act or Clean Water Act and to each general permit
to be issued under one of those acts. However, the subsection does not apply to a
notice of intent under a general permit. The procedures under this section shall be
known as Type 1 Procedures.
(b) Notice of application.
(1) The applicant shall provide notice to adjoining property owners.
(2) At least 15 days prior to posting a draft decision, the Secretary shall provide notice
of an administratively complete application through the environmental notice bulletin.
The environmental notice bulletin shall send notice of such an application to each
person to whom notice is federally required.
(3) This subsection shall not apply to a general permit issued under this section.
(c) Notice of draft decision or draft general permit. The Secretary shall provide notice of a draft decision or draft general permit through
the environmental notice bulletin and shall post the draft decision or permit to the
bulletin. In addition to the requirements of section 7711 of this chapter:
(1) The Secretary shall post a fact sheet to the bulletin.
(2) The environmental notice bulletin shall send notice of the draft to each person to
whom notice is federally required.
(3) The Secretary shall provide newspaper notice of the draft decision as required by
this subdivision (3).
(A) If the draft decision pertains to an application for an individual permit, the Secretary
shall provide notice in a daily or weekly newspaper in the area of the proposed project
if the project is classified as major pursuant to the Clean Water Act or chapter 47
of this title or if required by federal statute or regulation.
(B) If the draft decision is a draft general permit, the Secretary shall provide notice
in daily or weekly newspapers in each region of the State to which the draft general
permit will apply.
(C) In addition to the requirements of this chapter and 3 V.S.A. § 2826, the notice from the environmental notice bulletin and the newspaper notice shall
include all information required pursuant to applicable federal statute and regulation.
(d) Comment period. The Secretary shall provide a public comment period.
(e) Public meeting. On or before the end of the comment period, any person may request a public meeting
on the draft decision or draft general permit issued under this section. The Secretary
shall hold a public meeting whenever any person files a written request for such a
meeting. The Secretary otherwise may hold a public meeting at his or her discretion.
The Secretary shall provide at least 30 days’ notice of the public meeting through
the environmental notice bulletin. If the notice of the public meeting is not issued
at the same time as the draft decision or draft general permit, the Secretary also
shall provide notice of the public meeting in the same manner as required for the
draft decision or permit under subsection (c) of this section.
(f) Notice of final decision or final general permit. The Secretary shall provide notice of the final decision or final general permit through
the environmental notice bulletin and shall post the final decision or permit to the
bulletin. When the Secretary issues the final decision or final general permit, the
Secretary shall provide a response to comments.
(g) Compliance with Clean Air and Water Acts. With respect to issuance of a permit under the Clean Air Act or Clean Water Act, if
a requirement under those acts directs the Secretary to provide the public with greater
notice, opportunity to participate, or access to information than the corresponding
requirement of this chapter, the Secretary shall comply with the federal requirement. (Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)