25 Pa. Code § 86.34 - Informal conferences
(a) A
person or the officer or head of a Federal, State or local government agency or
authority or the owner or operator of an oil and gas well who receives a notice
required by §
86.31(e)
(relating to public notices of filing of permit applications) may, in writing,
request that the Department hold an informal conference on an application for a
permit. The request shall:
(1) Briefly
summarize the issues or objections to be raised by the requestor at the
conference.
(2) State whether the
requestor desires to have the conference conducted in the locality of the
proposed coal mining activities.
(3) Be filed with the Department within 30
days after the last publication of the newspaper advertisement placed by the
applicant under §
86.31(a) or
within 30 days of receipt of notice by the public entities to whom notification
is provided under § 86.31(c).
(b) Except as provided in subsection (c), if
an informal conference is requested in accordance with subsection (a), the
Department will hold an informal conference within 60 days of the close of the
public comment period. The informal conference will be conducted according to
the following:
(1) The conference will be held
in the locality of the proposed mining, if requested under subsection
(a)(2).
(2) The date, time and
location of the informal conference will be advertised by the Department in a
newspaper of general circulation in the locality of the proposed mine at least
2 weeks prior to the scheduled conference.
(3) If requested, in writing, by a conference
requestor in a reasonable time prior to the conference, the Department may
arrange with the applicant to grant parties to the conference access to the
permit area for the purpose of gathering information relevant to the
conference.
(4) The conference will
be conducted by a representative of the Department who may accept oral or
written statements and other relevant information from a party to the
conference. An electronic or stenographic record will be made of the conference
proceeding, unless waived by all parties. The record will be maintained and
will be accessible to the parties of the conference until final release of the
applicant's performance bond under Subchapter F (relating to bonding and
insurance requirements).
(c) If all parties requesting the informal
conference stipulate agreement before the requested informal conference and
withdraw their request, the informal conference need not be held.
(d) Informal conferences held in accordance
with §
86.103(c)
(relating to procedures) may be used by the Department as the public hearing
required under proposed uses or relocation of public roads.
(e) The Department will give its findings of
the conference to the permit applicant and to each person who is a party to the
conference within 60 days of the conference.
(f) Within 60 days of the informal
conference, the Department will notify the applicant of its decision to
approve, disapprove or of its intent to disapprove the application subject to
the submission of additional information to resolve deficiencies.
Notes
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