§342L-4  Permits; procedures for.  (a) An application for any permit required under this chapter shall be in a formprescribed by the department.

(b)  The department may require thatapplications for such permits shall be accompanied by plans, specifications,and such other information as 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 this to beprotective of human health and the environment; provided that the permit may besubject to conditions as the director may prescribe.  The director, onapplication, shall renew a permit from time to time for a term not to exceedfive years if the director determines this to be protective of human health andthe environment.  The director shall not deny an application for the issuanceor renewal of a permit without affording the applicant an opportunity for ahearing in accordance with chapter 91.

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; or

(3)  There is a release or threatened release ofregulated substances that the department deems to pose an imminent andsubstantial risk to human health or the environment.

(d)  No applicant for a modification or renewalof a permit shall be held in violation of the requirement to obtain a permitduring the pendency of the applicant’s application so long as the applicantacts in compliance with the permit previously granted. [L 1989, c 212, pt of§6; am L 1992, c 259, §5]