001 The Department will give public notice of the following:
001.01 A proposed final remedial action or during implementation, a proposed modification to a final remedial action, in accordance with Appendix A or Appendix B.
001.02 A scheduled hearing.
001.03 A Department decision to allow degradation of ground water quality.
002 No public notice is required when a request or petition for an action or a hearing is denied by the Department. Written notice of the denial will be given to the person who submitted the request or petition. Such denial will be considered a final order by the Director and subject to appeal pursuant to Neb. Rev. Stat. § 81-1509.
003 The requirements for public notices include:
004 During the public comment period, any interested person may submit to the Director written comments on the proposed action or event and may request or petition for a hearing, in writing, stating the nature of the issues to be raised in the hearing.
003.01 Notices may describe more than one proposed action or event.
003.02 Notices will give the public a comment period of at least 30 days.
003.03 Notices will be provided to the following persons:
003.03A Person requesting action by the Department or the responsible party in a remedial action situation.
003.03B Person in charge of the public water supply system.
003.03C Overlying and adjacent ground water users and land owners which would be affected if Class GB or GC areas are involved. A notice published pursuant to 003.04 below may be substituted for individual mailings if the affected area is a densely populated, municipal area.
003.03D Any other person either upon request or on a Department list to receive notices for a particular geographic area or on a specific subject.
003.04 Public notice will be issued by publication on the Department’s website or circulating the notice in the geographical area of the affected ground water through publication in a daily or weekly newspaper with general circulation.
003.05 Notices may be announced in press releases or by other methods designed to give actual notice to persons potentially affected by the proposed action or event.
003.06 Notices will contain the following information:
003.06A A summary of the proposed action or event including location and description of the ground water involved.
003.06B An address to which all comments should be sent.
003.06C The name, address, and telephone number of a person from whom additional information may be obtained.
003.06D A brief description of the comment procedures and the procedures by which a public hearing may be requested.
003.06E Any additional information considered necessary or proper by the Department.
003.07 If the notice is for a hearing, the notice will also include the following:
003.07A A reference to the date of any previous public notices relating to the proposed action or event.
003.07B The date, time, and location of the hearing.
003.07C A brief description of the nature and purpose of the hearing, including the applicable rules and procedures and a concise statement of the issues.
005 Public hearings are governed by Title 115 – Rules of Practice and Procedure for permits and licenses.
Enabling Legislation: Neb. Rev. Stat. § 81-1505(1)(2)