41-1037. General permits; issuance of
traditional permit


A. If an agency proposes a new rule or an amendment to an existing rule that
requires the issuance of a regulatory permit, license or agency authorization, the agency
shall use a general permit if the facilities, activities or practices in the class are
substantially similar in nature unless any of the following applies:


1. A general permit is prohibited by federal law.


2. The issuance of an alternative type of permit, license or authorization is
specifically authorized by state statute.


3. The issuance of a general permit is not technically feasible or would not meet
the applicable statutory requirements.


4. The issuance of a general permit would result in additional regulatory
requirements or costs being placed on the permit applicant.


5. The permit, license or authorization is issued pursuant to section 8-126, 8-503,
8-505, 23-504, 36-592, 36-594.01, 36-595, 36-595.03, 36-596, 36-596.54, 41-1967.01 or
46-807.


6. The permit, license or authorization is issued pursuant to title V of the clean
air act.


B. The agency retains the authority to revoke an applicant's ability to operate
under a general permit and to require the applicant to obtain a traditional permit if the
applicant is in substantial noncompliance with the applicable requirements for the
general permit.