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

(b)  The director may require that applicationsfor such permits shall be accompanied by plans, specifications, and informationas the director deems necessary for the director to determine whether theproposed or existing hazardous waste management facility will be in compliancewith applicable rules and standards.

(c)  The director shall issue a permit for anyterm, not exceeding five years, if the director determines that the applicantand facility have complied with the provisions of this chapter.  Each permitshall be reviewed five years after the date of issuance and shall be modifiedas necessary to assure that the facility and permittee continue to comply withapplicable provisions of this chapter.  Nothing in this subsection shallpreclude the director from reviewing and modifying a permit at any time duringits term.  Each permit issued under this section shall contain such terms andconditions as the director determines are necessary to protect human health orthe environment.

The director may modify, suspend, or revoke anypermit if, after affording the permittee an opportunity for a hearing inaccordance with chapter 91, the director determines that:

(1)  There is a violation of any term or condition ofthe permit;

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

(3)  There is a change in any circumstance thatnecessitates a modification, suspension, or revocation of the permit; or

(4)  Such is in the public interest.

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

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