49-245. Criteria for issuing general
permit
A. The director may issue by rule a general permit for a defined class of
facilities if all of the following apply:
1. The cost of issuing individual permits cannot be justified by any environmental
or public health benefit that may be gained from issuing individual permits.
2. The facilities, activities or practices in the class are substantially similar
in nature.
3. The director is satisfied that appropriate conditions under a general permit for
operating the facilities or conducting the activity will meet the applicable requirements
in section 49-243 or, as to facilities for which the director has established best
management practices, section 49-246.
B. In addition to other applicable enforcement actions, if a person violates the
conditions of a general permit, the director may revoke the general permit for that
person and require that the person obtain an individual permit. A general permit may be
revoked, modified or suspended at any time by the director if necessary to comply with
this chapter.
C. Rules establishing a general permit shall include terms and conditions to ensure
that all discharges and facilities will meet the requirements of this chapter and shall
provide for the collective or individual revocation of the general permit if necessary to
ensure compliance with this chapter.
D. Rules adopted pursuant to subsection A of this section may require a person who
owns or operates a facility seeking coverage under a general permit to notify the
director of the person's intent to operate the facility pursuant to the general permit
and pay the applicable fee required pursuant to section 49-203.
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