§342H-4  Permits; procedures for. 
(a)  An application for any permit required under this chapter shall be in a
form prescribed by the director.



(b)  The department may require that
applications for permits be accompanied by plans, specifications, and any other
information it deems necessary in order for it to determine whether the
proposed installation, alteration, disposal, or use will be in accord with
applicable rules and standards.



(c)  The director shall issue a permit for any
term, not exceeding five years, if the director determines that such will be in
the public interest; provided that the permit may be subject to such reasonable
conditions as the director may prescribe.  The director, on application, shall
renew a permit from time to time for a term not exceeding five years if the
director determines that such is in the public interest.  The director shall
not deny an application for the issuance or renewal of a permit without
affording the applicant an opportunity for a hearing in accordance with chapter
91.



The director, on the director’s own motion or
the application of any person, may modify, suspend, or revoke any permit if,
after affording the permittee an opportunity for a hearing in accordance with
chapter 91, the director determines that:



(1)  There is a violation of any condition of the
permit;



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



(3)  There is a change in any condition that requires
either a temporary or permanent reduction or elimination of the permitted
disposal; or



(4)  Such is in the public interest.



In determining the public interest, the
director shall consider the environmental impact of the proposed action, any
adverse environmental effects which cannot be avoided should the action be
implemented, the alternatives to the proposed action, the relationship between
local short-term uses of the environment and the maintenance and enhancement of
long-term productivity, and any irreversible and irretrievable commitments of
resources which would be involved in the proposed action should it be
implemented, and any other factors which the director may by rule prescribe;
provided that any determination of public interest shall promote the optimum
balance between economic development and environmental quality.



(d)  The failure of the director to act on an
application for the issuance of a permit or an application by a permit holder
for the modification or renewal thereof within one hundred eighty days of the
receipt of such application, except for all federally delegated permit programs
and federally approved programs, shall be deemed a grant of such application
provided that the applicant acts consistently with the application and all
plans, specifications, and other information submitted as a part thereof.



(e)  No applicant for a modification or renewal
of a permit shall be held in violation of this chapter during the pendency of
the applicant’s application provided that the applicant acts consistently with
the permit previously granted, the application and all plans, specifications,
and other information submitted as a part thereof. [L 1989, c 212, pt of §4; am
L 1990, c 298, §7; am L 1992, c 245, §3; am L 1993, c 190, §6]