A. The control officer shall provide public notice, an opportunity for public comment, and an opportunity for a hearing before taking the following actions:
1. A permit issuance or renewal of a permit.
2. A significant permit revision.
3. Revocation and reissuance or reopening of a permit.
4. Any conditional orders pursuant to Section 17.28.100.
B. The control officer shall provide public notice of receipt of complete applications for permits to construct or make a major modification to major sources by publishing a notice in a newspaper of general circulation in the county where the source will be located.
C. The control officer shall provide notice required pursuant to subsection A of this section, or any other section of this title, as follows:
1. The control officer shall publish the notice once each week for two consecutive weeks for any Class II permit in two newspapers of general circulation in the county where the source is or will be located.
2. The control officer shall mail a copy of the notice to persons on a mailing list developed by the control officer consisting of those persons who have requested in writing to be placed on such a mailing list.
D. The notice required by subsection C shall include the following:
1. Identification of the affected facility;
2. Name and address of the permittee or applicant;
3. Name and address of the permitting authority processing the permit action;
4. The activity or activities involved in the permit action;
5. The emissions change involved in any permit revisions;
6. The air contaminants to be emitted;
7. If applicable, that a notice of confidentiality has been filed under Section 17.11.070;
8. A statement that any person may submit written comments, or a written request for a public hearing, or both, on the proposed permit action, along with the deadline for such requests or comments;
9. The name, address, and telephone number of a person from PDEQ from whom additional information may be obtained;
10. Locations where copies of the permit or permit revision application, the proposed permit, and all other materials available to the control officer that are relevant to the permit decision may be reviewed, including the PDEQ office, and the times at which they shall be available for public inspection.
E. The control officer shall hold a public hearing to receive comments on petitions for conditional orders which would vary from requirements of the applicable implementation plan. For all other actions involving a proposed permit, the control officer shall hold a public hearing only upon written request pursuant to the provisions of A.R.S. § 49-426. If a public hearing is requested, the control officer shall schedule the hearing and publish notice as described in A.R.S. § 49-444 and subsection D of this section. The control officer shall give notice of any public hearing at least thirty days in advance of the hearing.
F. At the time the control officer publishes the first notice according to subdivision (C)(1) of this section, the applicant shall post a notice containing the information required in subsection D of this section at the site where the source is or may be located. Consistent with federal, state, and local law, the posting shall be prominently placed at a location under the applicant's legal control, adjacent to the nearest public roadway, and visible to the public using the public roadway. If a public hearing is to be held, the applicant shall place an additional posting providing notice of the hearing. Any posting shall be maintained until the public comment period is closed.
G. The control officer shall provide at least thirty days from the date of its first notice for an opportunity for public comment for every Class I and Class II permit. For a source required to obtain a permit pursuant to Section 17.11.090(B)(3)(a), the control officer shall provide at least thirty days from the date of its first notice for an opportunity for public comment. For sources required to obtain a permit pursuant to Section 17.11.090(B)(3)(b) or 17.11.090(B)(3)(c), the control officer shall provide at least five days from the date of its first notice for an opportunity for public comment. The control officer shall keep a record of the commenters and of the issues raised during the public participation process and shall prepare written responses to all comments received. At the time a final decision is made, the record and copies of the control officer's responses shall be made available to the applicant and all commenters.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.340.