§342H-4  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 be accompanied by plans, specifications, and any otherinformation it deems necessary in order for it to determine whether theproposed installation, alteration, disposal, or use will be in accord withapplicable rules and standards.

(c)  The director shall issue a permit for anyterm, not exceeding five years, if the director determines that such will be inthe public interest; provided that the permit may be subject to such reasonableconditions as the director may prescribe.  The director, on application, shallrenew a permit from time to time for a term not exceeding five years if thedirector determines that such is in the public interest.  The director shallnot deny an application for the issuance or renewal of a permit withoutaffording the applicant an opportunity for a hearing in accordance with chapter91.

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

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

(2)  The permit was obtained by misrepresentation, orfailure 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 permitteddisposal; or

(4)  Such is in the public interest.

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

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

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