49-427. Grant or denial of applications;
revisions
(L92, Ch. 299, sec. 17)
A. The director shall deny a permit or revision if the applicant does not show that
every such source is so designed, controlled, or equipped with such air pollution control
equipment that it may be expected to operate without emitting or without causing to be
emitted air contaminants in violation of the provisions of this article and the rules
adopted by the director.
B. Prior to acting on an application for a permit, the director may require the
applicant to provide and maintain such facilities as are necessary for sampling and
testing purposes in order to secure information that will disclose the nature, extent,
quantity or degree of air contaminants discharged into the atmosphere from the source
described in the application. In the event of such a requirement, the director shall
notify the applicant in writing of the type and characteristics of such facilities.
C. In acting upon an application for a permit renewal, if the director finds that
such a source has been constructed not in accordance with any prior permit or revision
issued pursuant to section 49-426.01, the director shall require the person to obtain a
permit revision or shall deny the application for such permit. The director shall not
accept any further application for a source so constructed until the director finds that
such source has been reconstructed in accordance with the prior permit or a revision, or
until a revision to the permit has been obtained.
D. After a decision on a permit or revision, the director shall notify the
applicant and any person who filed a comment to the permit pursuant to section 49-426 or
the revision pursuant to section 49-426.01 in writing of the decision, and if the permit
is denied, the reasons for such denial. Service of this notification may be made in
person or by first class mail. The director shall not accept a further application
unless the applicant has corrected the reasons for the objections specified by the
director as reasons for such denial.
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