PART III. PERMIT PROGRAM

 

Case Notes

 

Prior law.

  Administrative rules must be adopted pursuant to chapter 91regarding hydrogen sulfide emissions prior to issuance of air pollution permitauthorizing construction and operation of geothermal wells.  73 H. 56, 828 P.2d802.

  Where health department did not have rules adopted underchapter 91 governing the standards of emissions of hydrogen sulfide into theair as required by §342B-32 (1991) at the time geothermal well developer wasissued permit, department was required to refuse the issuance of the permit. 73H. 56, 828 P.2d 802.

 

§342B-21  Specific functions, duties, andpowers of the director.  The director shall have the functions, duties, andpower to:

(1)  Issue permits for a fixed term not to exceed fiveyears;

(2)  Ensure compliance by all sources required to havea permit with each applicable standard, regulation, or requirement provided byfederal or state statutes or rules;

(3)  Ensure that, upon issuance or renewal, permitsincorporate emission limitations and other requirements in an applicable stateimplementation plan;

(4)  Terminate, modify, or revoke and reissue permitsfor cause;

(5)  Enforce permits, permit fee requirements, and therequirement to obtain a permit including the recovery of civil penalties;

(6)  Ensure that permits in effect during theestablishment and implementation of this new permit program will continue ineffect until the permittee has applied for and obtained a permit under the newprogram; and

(7)  Issue permits with environmental permit shieldspursuant to such rules as the director may adopt. [L 1992, c 240, pt of §1; amL 1994, c 268, §2]