NAC445A.238. Request for public hearing.

     1. The Director shall provide an opportunity for the applicant, any affected state, any affected interstate agency, the Regional Administrator or any interested agency, person or group of persons to request a public hearing with respect to a permit application.

     2. The request must be filed within the 30-day period prescribed in subsection 3 of NAC 445A.234, and must indicate the interest of the person filing the request and the reasons why a hearing is warranted. The Director shall hold a hearing if there is a significant public interest for holding it. Expressions of public interest such as the filing of requests for the hearing will be considered. Instances of doubt will be resolved in favor of holding a hearing.

     3. Any hearing pursuant to this section must be held in the geographical area of the proposed discharge or other appropriate area, in the Director’s discretion. As appropriate, the Director may consider related groups of permit applications.

     4. Public notice for the hearing must be made at least 30 days prior to the hearing and in accordance with the requirements stated in subsection 1 of NAC 445A.234. Any person or agency which has received notice of the permit application must also receive notice of the public hearing. If a hearing is requested by an applicant for a discharge permit, upon determination by the Director to hold such a hearing, the hearing must be held in accordance with chapter 233B of NRS unless waived by the applicant. The Department shall notify the applicant of its intent to schedule such a hearing and the procedures to be followed.

     [Environmental Comm’n, Water Pollution Control Reg. § 2.3.2, eff. 5-2-78; § 4.6, eff. 2-26-75]—(NAC A 12-3-84)—(Substituted in revision for NAC 445.150)