NDAC 33.1-24-07-09
Obligation to raise issues and provide information during the public comment
Cite as N.D. Admin. Code ยง 33.1-24-07-09
period.
All persons, including applicants, who believe any condition of a draft permit is inappropriate or that
the department's tentative decision to deny an application, terminate a permit, or prepare a draft permit
is inappropriate, shall raise all reasonably ascertainable issues and submit all reasonably available
arguments and factual grounds supporting their position, including all supporting material, by the close
of the public comment period (including any public hearing) under section 33.1-24-07-06. All supporting
materials must be included in full and may not be incorporated by reference, unless they consist of
state or federal statutes or regulations, or other generally available reference materials. Commenters
shall make supporting material available to the department. (A comment period longer than thirty days
will often be necessary in complicated proceedings to give commenters a reasonable opportunity to
comply with the requirements of this section. Commenters may request longer comment periods and
they should be freely established under section 33.1-24-07-06 to the extent that they appear
necessary.)