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Virginia Administrative Code
Title 9. Environment
Agency 25. State Water Control Board
Chapter 32. Virginia Pollution Abatement (VPA) Permit Regulation
11/21/2024

9VAC25-32-170. Public comments and hearings.

A. A comment period of at least 30 days following the initial date of the newspaper public notice of the formulation of a draft VPA permit shall be provided. During this period any interested persons may submit written comments on the draft VPA permit and may request a public hearing. A request for a public hearing shall be in writing and shall state the nature of the issues to be raised pursuant to 9VAC25-32-175. All comments shall be considered by the department in preparing the final VPA permit and shall be responded to in writing.

B. The department may hold a public hearing on any permit action. The department shall hold a public hearing where there is a significant degree of public interest relevant to a draft VPA permit pursuant to 9VAC25-32-175. Public notice of that hearing shall be given as specified in 9VAC25-32-180. Nothing in this subsection shall relieve the department of the requirement to hold a hearing where a hearing is required by applicable law or regulation.

C. Any hearing convened pursuant to this section will be held in the geographical area of the proposed pollutant management activity, or in another appropriate area. Related groups of VPA permit applications may be considered at any such hearing.

D. If changes are made to the VPA permit based on public comments, the permittee and all persons who commented will be notified of the changes and the reasons for the changes. No further public notice is required.

E. Any owner aggrieved by any action of the department taken without a formal hearing, or by inaction of the department, may demand in writing a formal hearing pursuant to § 62.1-44.25 of the Code of Virginia.

F. Proceedings at the public hearing will be governed by the board's Procedural Rule No. 1 - Public and Formal Hearing Procedures (9VAC25-230) or its successor, and the decision from the public hearing will be governed by 9VAC25-32-176.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 20, eff. July 24, 1996; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.

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