Section 395.206  Public Hearing

a)         The Agency may hold a public hearing concerning the application for certification in the county where the discharge originates or at some other convenient location.  The purpose of the hearing shall be to enable all interested persons to provide information to the Agency for its decision on the application.

b)         In determining whether to hold a public hearing, the Agency will consider:

1)         Evidence of interest as demonstrated by comments and requests for hearing received from members of the public;

2)         Evidence that a cause and effect relationship exists between the proposed activities and the concerns of the public;

3)         Expectation that a public hearing will provide information useful to the Agency for making its determination on the request for certification.

c)         Notice of any hearing shall be given to the applicant.  At least 30 days before holding a hearing pursuant to these rules, notice shall be published in at least one newspaper of general circulation in the county where the discharge originates or will originate.

d)         The notice of hearing shall include at least the following:

1)         The information in Section 395.202(b);

2)         The time and location of the hearing;

3)         The purpose of the hearing;

4)         A concise statement of the issues to be considered at the hearing; and

5)         A brief description of the procedures to be followed at the hearing.

e)         The Agency may hold a public hearing covering more than one application for certification at the same time, or may participate in a joint public hearing with the federal licensing or permitting authority.