§342J-5  Permits; procedures for.  (a) 
An application for any permit required under this chapter shall be in a form
prescribed by the director.



(b)  The director may require that applications
for such permits shall be accompanied by plans, specifications, and information
as the director deems necessary for the director to determine whether the
proposed or existing hazardous waste management facility will be in compliance
with applicable rules and standards.



(c)  The director shall issue a permit for any
term, not exceeding five years, if the director determines that the applicant
and facility have complied with the provisions of this chapter.  Each permit
shall be reviewed five years after the date of issuance and shall be modified
as necessary to assure that the facility and permittee continue to comply with
applicable provisions of this chapter.  Nothing in this subsection shall
preclude the director from reviewing and modifying a permit at any time during
its term.  Each permit issued under this section shall contain such terms and
conditions as the director determines are necessary to protect human health or
the environment.



The director 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 term or 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 circumstance that
necessitates a modification, suspension, or revocation of the permit; or



(4)  Such is in the public interest.



Public notice shall be given of proposed
decisions respecting permit issuance, reissuance, denial, revocation,
suspension, substantial modification to a permit requested by a permittee, and
modifications to a permit initiated by the director.  The director may hold a
public hearing before issuing a final decision respecting a permit issuance,
reissuance, denial, revocation, suspension, request by a permittee to
substantially modify a permit, and any modification to a permit initiated by
the director if the director determines that such a public hearing is in the
public interest.  The permit notice and public hearing requirements in this section
shall not apply to used oil permits as provided for in section 342J-54.



(d)  No applicant for a modification or
reissuance of a permit shall be held in violation of this chapter during the
pendency of the applicant’s application so long as the applicant acts
consistently and the facility is in compliance with the permit previously
granted. [L 1989, c 212, pt of §5; am L 1991, c 259, §6; am L 2000, c 3, §1]