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

     (b)  The department may require that applications for the permits shall be accompanied by plans, specifications, and the other information that it deems necessary in order for it to determine whether the proposed installation, alteration, or use will be in accord with applicable rules and standards.

     (c)  The director shall issue a permit for any term, not exceeding five years, if the director determines that it will be in the public interest; provided that the permit may be subject to reasonable conditions that the director may prescribe.  The director, on application, shall renew a permit from time to time for a term not exceeding five years if the director determines that it is in the public interest.  The director shall not deny an application for the issuance or renewal of a permit without affording the applicant an opportunity for a hearing in accordance with chapter 91.

     The director may require a public notice or hearing, 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 director determines that notice or hearing, or both, are in the public interest.

     The director, on the director's own motion or the application of any person, 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 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 condition that requires either a temporary or permanent reduction or elimination of the permitted emission; or

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

     In determining the public interest, the director shall consider the environmental impact of the proposed action, any adverse environmental effects of the proposed action, any adverse environmental effects which cannot be avoided if the action is implemented, the alternatives to the proposed action, the relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity, and any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented, and any other factors which the director may by rule prescribe; provided that any determination of public interest shall promote the optimum balance between economic development and environmental quality.

     (d)  The failure of the director to act on an application for the issuance of a permit or an application by a permit holder for the modification or renewal thereof within one hundred eighty days of the receipt of the application, shall be deemed a grant of the application; provided that the applicant acts consistently with the application and all plans, specifications, and other information submitted as a part thereof.

     (e)  No applicant for a modification or renewal of a permit shall be held in violation of this part during the pendency of the applicant's application; provided that the applicant acts consistently with the permit previously granted, the application and all plans, specifications, and other information submitted as a part thereof. [L 1996, c 82, pt of §1; am L 2000, c 3, §2]