Section 109.905. Public hearing on a variance or exemption

Upon receipt of a request for a variance, variance renewal or exemption, the Department will review the application for completeness and eligibility for the relief requested. If the application is incomplete or the public water system is not eligible for the relief requested, the Department will return the application with a written explanation of the reason for the return. If the Department’s preliminary review finds the application is complete and the public water system may be eligible for a variance or exemption, the Department will provide an opportunity for a public hearing and public comments.

(1) Notice of a public hearing on a proposed variance or exemption will be circulated in a manner designed to inform interested and potentially interested persons of the variance or exemption requests under consideration.

(i) The Department will post a notice in prominent public buildings of the municipalities or areas served by the public water system, and publish a notice in a newspaper or newspapers of general circulation in the area served by the public water system.

(ii) The Department will mail a notice to other appropriate State or local agencies at the Department’s discretion.

(iii) The notice will include the following:

(A) A summary of the variance or exemption requested including the applicant’s proposed schedule for compliance.

(B) A description to the service area or portions of service area affected by the proposed variance or exemption.

(C) An invitation to interested persons to register their interest in a public hearing by calling or writing to the contact person whose address and phone number is included in the notice or to provide written comments on the proposal.

(D) The address of the Department office and other locations where a complete copy of the application may be obtained.

(E) A proposed date, time, and location for a public hearing on the proposed variance or exemption.

(iv) The Department will publish the notice in the Pennsylvania Bulletin, providing at least 30 days for public comment from the date of publication.

(2) If the Department receives no indication of interest in response to the notice for public hearing within 30 days, the Department may issue a notice cancelling the public hearing. The notice will be posted,published and circulated in the same manner as the notice for public hearing set forth in paragraph (1). The notice shall include:

(i) A summary of the variance or exemption requested and the proposed schedule for compliance.

(ii) A description of the service area or portions of service area affected by the proposed variance or exemption.

(iii) An invitation for interested persons to provide written comments and the address of the contact person from whom further information can be obtained and to whom comments should be addressed.

(iv) A final date for the receipt of written comments, which will be no less than 30 days from the date of the notice of public hearing.

(3) A hearing convened under paragraph (1) will be conducted before a hearing officer to be designated by the Department. The hearing will be conducted by the hearing officer in an informal, orderly, and expeditious manner. The hearing officer will have authority to call witnesses, receive oral and written testimony, and take action necessary to assure the fair and efficient conduct of the hearing.

The provisions of this § 109.905 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479.