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05-07-1996 Minutes
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05-07-1996 Minutes
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<br />9~~- /~J <br /> <br />009.01B Obtaining a permit by misrepresentation of any relevant facts or failure <br />to disclose fully all relevant facts; <br /> <br />009 Ole Information indicating that the permitted activity or operation poses a <br />threat to human health or the environment; <br /> <br />009 OlD A change in the ownership or control of an activity or operation which <br />has a permit; <br /> <br />009 OlE Upon request by the permittee, provided such request does not create a <br />violation of any existing applicable requirements, standards, laws, or rules and <br />regulations. <br /> <br />009.02 A permit may be suspended immediately by written order of the Director for a <br />material violation of the standards set forth in Chapter 3 of these regulations. In the event <br />of a suspension, written notice of the order and the reason for the suspension shall be <br />served upon the permittee, who may request a hearing before the Director on said <br />suspension by filing a written request for a due process hearing within ten (10) days of its <br />receipt. Said due process hearing shall be held and a decision rendered within 10 days of <br />the Director's receipt of the request lUlless such time period is waived by the parties. A <br />permit may not be revoked or modified by the Director lUltil reasonable notice and right <br />to a hearing thereon has been afforded to persons having a legal interest in the proceeding. <br />Any fmal order suspending, revoking, or modifying a permit may be appealed to the Hall <br />COlUlty Board of Supervisors by filing a written appeal with the Director within 10 days <br />of the date of the order. <br /> <br />00903 In addition to the reasons specified in paragraph 009.01 of this Chapter, causes <br />for modification, but not revocation, include, but are not limited to: <br /> <br />00903A Material and substantial alterations or additions to the permitted activity <br />or operation which occurred after issuance of the permit which justify different <br />conditions from those which are present in the existing permit; <br /> <br />009 03B Information received by the Director which was not available at the <br />time of permit issuance and would have justified the application of different <br />permit conditions at the time of issuance; <br /> <br />00903C A change in the standards or regulations on which the permit or license <br />was based; <br /> <br />009.03D A determination made by the Director that good cause exists for <br />modification of a compliance schedule, such as an act of God, strike, flood, or <br />materials shortage or other events over which the permittee has little or no control <br />for which there is not reasonable available remedy. <br /> <br />010 Denial of Permits. <br /> <br />The Director may deny a permit when: <br /> <br />010.01 The terms or conditions of the proposed permit application do not comply and <br />assure compliance with the applicable requirements of state and federal laws and lo.cal <br />state, and federal rules and regulations; or <br /> <br />01002 The application does not meet the requirements of these regulations. <br /> <br />ill Issuance or Denial of a Permit. <br /> <br />011 01 Once an application is complete, the Director shall decide whether to deny the <br />permit or tentatively decide that the permit be issued. <br /> <br />011 02 If the Director tentatively decides to issue the permit, he shall prepare a draft <br />permit which shall contain the following information and follow the public notice outlined <br />below which shall contain the following information: <br /> <br />011 02A A brief description of the activity or operation which is the subject of <br />the draft permit; <br /> <br />01102B The quantity ofpalUlch which is proposed to be land applied; <br /> <br />011 02C The tentative determination to issue the permit; <br />
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