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49-427. Grant or denial of applications; revisions

(L10, Ch. 315, sec. 3. Conditionally Eff.)

A. The director shall deny a permit or revision if the applicant does not show that every such source is so designed, controlled or equipped with such air pollution control equipment that it may be expected to operate without emitting or without causing to be emitted air contaminants in violation of this article and the rules adopted by the director.

B. Before acting on an application for a permit, the director may require the applicant to provide and maintain such facilities as are necessary for sampling and testing purposes in order to secure information that will disclose the nature, extent, quantity or degree of air contaminants discharged into the atmosphere from the source described in the application. In the event of such a requirement, the director shall notify the applicant in writing of the type and characteristics of such facilities.

C. In acting on an application for a permit renewal, if the director finds that such a source has been constructed not in accordance with any prior permit or revision issued pursuant to section 49-426.01, the director shall require the person to obtain a permit revision or shall deny the application for such permit. The director shall not accept any further application for a source so constructed until the director finds that such source has been reconstructed in accordance with the prior permit or a revision, or until a revision to the permit has been obtained.

D. An applicant's performance of any activities that are excluded from the definition of "begin actual construction" under section 49-401.01, paragraph 7, subdivision (a) or (b) shall be at the applicant's risk and shall not reduce the applicant's obligations under this chapter or rules adopted pursuant to this chapter. The director shall evaluate an application for a permit or permit revision and make a decision on the same basis as if the activities allowed under section 49-401.01, paragraph 7, subdivision (a) or (b) had not occurred.

E. After a decision on a permit or revision, the director shall notify the applicant and any person who filed a comment to the permit pursuant to section 49-426 or the revision pursuant to section 49-426.01 in writing of the decision, and if the permit is denied, the reasons for such denial. Service of this notification may be made in person or by first class mail. The director shall not accept a further application unless the applicant has corrected the reasons for the objections specified by the director as reasons for such denial.