§342J-54  Permits; procedures for.  (a) An application for any permit required under this part shall be in a formprescribed by the director.

(b)  The department may require thatapplications for the permits shall be accompanied by plans, specifications, andthe other information that it deems necessary in order for it to determinewhether the proposed installation, alteration, 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 it will be inthe public interest; provided that the permit may be subject to reasonableconditions that the director may prescribe.  The director, on application,shall renew a permit from time to time for a term not exceeding five years ifthe director determines that it 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 may require a public notice orhearing, or both, for permit issuances, reissuances, denial, revocation,suspension, or substantial modifications to a permit requested by a permittee,or modifications to a permit initiated by the director if the directordetermines that notice or hearing, or both, are in the public interest.

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 permittedemission; or

(4)  The modification, suspension, or revocation is inthe public interest.

In determining the public interest, thedirector shall consider the environmental impact of the proposed action, anyadverse environmental effects of the proposed action, any adverse environmentaleffects which cannot be avoided if the action is implemented, the alternativesto the proposed action, the relationship between local short-term uses of theenvironment and the maintenance and enhancement of long-term productivity, andany irreversible and irretrievable commitments of resources which would beinvolved in the proposed action should it be implemented, and any other factorswhich the director may by rule prescribe; provided that any determination ofpublic interest shall promote the optimum balance between economic developmentand 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 the application, shall be deemed a grant of the application;provided 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 part during the pendency of theapplicant’s application; provided that the applicant acts consistently with thepermit previously granted, the application and all plans, specifications, andother information submitted as a part thereof. [L 1996, c 82, pt of §1; am L2000, c 3, §2]