a. Notification of the Beginning of a Review -- Timely written notification will be sent to affected persons, at the beginning of a review of an application for a Certificate of Need, and to any person who has requested his name on the SEARSWMB mailing list maintained by the SEARSWMB. Notification will include the proposed review period (Rule 9, Paragraph b), the date(s) of any scheduled or anticipated meetings and the public hearing to be held during the course of review, and the location where information related to the request for a Certificate of Need may be reviewed.

b. Review Period -- The SEARSWMB will establish a review period, which will include: 1) the date of the public hearing to be held in the County where the proposed solid waste facility is to be located; and 2) the date of final SEARSWMB finding (normally sixty (60) days or less from the date of notification). The review period begins on the date established in Rule 9, Paragraph a.

c. Public Comment Period -- The SEARSWMB will accept written comments regarding an application for the period from the date of notification (Rule 9, Paragraph a) through the close of business on the date of the public hearing (Rule 9, Paragraph f) regarding the application for which notification was made.

d. Information Requirements -- There is a provision for persons subject to a review to submit to the SEARSWMB information that the SEARSWMB requires relating to Rule 4, Paragraph e, Items 1-9. The form, manner, and content of the information will be as follows:

e. Written Findings and Conditions -- Written findings, including specific documentation, which states the basis for any final decision made by the SEARSWMB are required. When a Certificate of Need is to be issued, these findings will include the findings of need required by Rule 7. The SEARSWMB will not make its final decision subject to any condition unless the condition directly related to criteria established under Rule 4, Paragraphs c, d, e, and Rule 10 and/or criteria prescribed by regulation by the SEARSWMB in accordance with an authorization under State law.

f. Public Hearing in the Course of Review -- The SEARSWMB will provide a public hearing during the course of review on each Certificate of Need application (before the SEARSWMB makes it decision). The public hearing will be held in the County where the proposed solid waste facility is to be located, and notification of said public hearing will be made in accordance with Rule 9, Paragraph a, Item 2.

g. Ex Parte Contacts -- After the commencement of a public hearing under Paragraph f, of Rule 9, and before a decision is made, there shall be no “ex parte” contacts between: (1) any person acting on behalf of the applicant, and (2) any person on or employed by the SEARSWMB who exercises any responsibility respecting the application or withdrawal.

NOTE: An “Ex Parte Contact” is defined as “an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given, but it shall not include requests for status reports on any matter or proceeding.”

h. Withdrawal of a Certificate of Need -- An applicant for a Certificate of Need will specify the time the applicant will make application for a solid waste facility permit to DEQ, and a time, that if and when a permit is issued by DEQ, that construction will be completed and operation of the permitted solid waste facility is to begin. After issuance of a Certificate of Need, the SEARSWMB will periodically review the progress of the holder to the Certificate of Need in meeting the timetable specified in the approved application and report same to the DEQ and the holder of a Certificate of Need. If on the basis of this review the SEARSWMB determines that the holder of the Certificate of Need is not meeting the timetable and is not making a good faith effort to meet it, the SEARSWMB may withdraw the Certificate of Need. In withdrawing a Certificate of Need, the SEARSWMB will follow the procedures in Paragraph f of this Rule.

i. Availability of Reports; Method of Obtaining Public Access -- The SEARSWMB will provide upon request, notification of the status of the review of proposals, findings made in the course of the reviews, and other appropriate information respecting all reviews. For all applications resulting in the issuance of a solid waste facility permit by DEQ, the SEARSWMB will maintain, keep on file, and will provide access to the general public all applications reviewed by the SEARSWMB and to all other written materials essential to any review, for as long as the facility remains permitted by DEQ. All applications that do not result in the issuance of a solid waste facility permit by DEQ, will be maintained, kept on file, and access provided to the general public, along with all other written material essential to any review, for a period of seven (7) years, consistent with the SEARSWMB's records retention policy.