Public Notice Requirements

A public notice is issued following the administrative completeness review of the proposed facility or the substantial change.

• A notice is advertised once each week for two consecutive weeks in a newspaper of general circulation, in the area where the facility will be or is located.
• The notice requests comments and a thirty day public comment period ensues concerning the technical aspects of the plan.
• If there is sufficient public interest in opposition to the facility plan or substantial change, a public hearing will be held and public comments are considered.

Technical Review

ADEQ conducts a technical review of a facility plan to ensure that the facility will not endanger human health or the environment, will not pose an environmental nuisance, and will comply with all applicable statutes and rules.

The timeframe over which ADEQ must make an technical review determination is based on the type of plan submitted, pursuant to Administrative Code Title 18 Chapter 1 .

Approval/Denial of Application

Approval

• If the application is approved, the approval is sent to the applicant by first class mail.
  • A plan approval form is sent to the owner/operator for signature.
• The plan is considered approved when the approval form is signed by both the facility owner/operator and the ADEQ Waste Programs Division Director.

Denial

• If the application is denied, the denial letter will provide the basis of that decision.
  • A denial is an appealable agency action.
• For information related to appealing an agency action, see § 49-769 and § 41-1092

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