§342D-6  Permits; procedures for. (a)  An application for any permit required under this chapter shall be in aform prescribed by the director.

(b)  The department may require thatapplications for permits shall be accompanied by plans, specifications, and anyother information that it deems necessary in order to determine whether theproposed installation, alteration, or use will be in accord with applicablerules and standards.

(c)  The director shall issue a permit for anyterm, not exceeding five years, if the director determines that it will be inthe public interest; provided that the permit may be subject to any reasonableconditions that the director may prescribe.  The director may includeconditions in permits or may issue separate permits for management practicesfor domestic sewage, sewage sludge, and recycled water, whether or not thepractices cause water pollution.  The director, on application, shall renew apermit from time to time for a term not exceeding five years if the directordetermines that it will be in the public interest.  The director shall notgrant or deny an application for the issuance or renewal of a permit withoutaffording the applicant and any person who commented on the proposed permitduring the public comment period an opportunity for a hearing in accordancewith chapter 91.  A request for a hearing and any judicial review of thehearing shall not stay the effect of the issuance or renewal of a permit unlessspecifically ordered by the director or a court.

(d)  The director, on the director’s own motionor the application of any person, may modify, suspend, revoke, or revoke andreissue any water pollution permit if, after affording the permittee anopportunity for a hearing in accordance with chapter 91, the directordetermines that:

(1)  There is a violation of any condition of thepermit;

(2)  The permit was obtained by misrepresentation, orthere was failure to disclose fully all relevant facts;

(3)  There is a change in any condition that requireseither a temporary or permanent reduction or elimination of the permitteddischarge; or

(4)  It is in the public interest.

The public interest excludes any reason lessstringent than the causes for permit modification, revocation, and termination,or revocation and reissuance identified in 40 Code of Federal Regulationssection 122.62 or 122.64.

(e)  The director, on the director’s own motionor the application of any person, may modify, suspend, revoke, or revoke andreissue any sludge permit after affording the permittee an opportunity for ahearing in accordance with chapter 91, and consistent with 40 Code of FederalRegulations section 501.15(c)(2) and (3) and (d)(2).

(f)  The director shall ensure that the publicreceives notice of each application for a permit to control water pollution. The director may hold a public hearing before ruling on an application for apermit to control water pollution if the director determines the public hearingto be in the public interest.  In determining whether a public hearing would bein the public interest, the director shall be guided by 40 Code of FederalRegulations section 124.12(a).

(g)  In determining the public interestregarding permit issuance or renewal, the director shall consider theenvironmental impact of the proposed action, any adverse environmental effectswhich cannot be avoided should the action be implemented, the alternatives tothe proposed action, the relationship between local short-term uses of theenvironment and the maintenance and enhancement of long-term productivity, anyirreversible and irretrievable commitments of resources which would be involvedin the proposed action should it be implemented, and any other factors whichthe director, by rule, may prescribe; provided that any determination of publicinterest shall promote the optimum balance between economic development andenvironmental quality.

(h)  No applicant for a modification or renewalof a permit shall be held in violation of this chapter during the pendency ofthe applicant’s application so long as the applicant acts consistently with thepermit previously granted, the application and all plans, specifications, andother information submitted as part thereof. [L 1989, c 212, pt of §2; am L1995, c 180, §7; am L 1997, c 267, §1; am L 1999, c 193, §4]