Title 12, Chapter 9, Section 7
( 12-9-7)
(a) No person shall, and it shall be unlawful and a violation of
this article to, construct, install, modify, own, or operate any
facility or stationary source or any equipment, device, article, or
process capable of causing or contributing to the emission of air
contaminants from such source or facility or designed to prevent air
pollution from such facility or source unless permitted by and in
compliance with a permit from the director. A permit shall be
issued to an applicant on evidence satisfactory to the director of
compliance with this article and any standards, limitations,
requirements, or rules and regulations pursuant to this article.
Notwithstanding any other provision of this article, the director
shall not issue a Title V permit to a facility or source if the
administrator objects in writing and in a timely manner to the
issuance of such permit. (b) Applications for permits shall be submitted in such manner, on
such forms, and contain such information as the director prescribes
and which he deems necessary to make a determination of compliance
with this article and the rules and regulation promulgated pursuant
to this article. The director may develop and require the use of
standard application forms and establish evaluation criteria for
expediently determining the completeness of such applications;
provided, however, that the director at a minimum shall establish
forms and criteria necessary to comply with the federal act. In
addition to any other criteria established by the director, all
permit applications shall be accompanied by: (1) A compliance plan containing such schedules, reports, plans,
documentation, and other information as may be required by the
rules or regulations promulgated pursuant to this article and such
additional information as the director may require to demonstrate
a source's or facility's compliance or proposed compliance with
the requirements of this article and the rules and regulations
promulgated pursuant to this article; and (2) Any and all applicable fees for processing the permit
application and any other fee which the source or facility must
pay pursuant to this article. (c) Permits shall be issued as follows: (1) Title V permits shall be issued for a fixed term not to exceed
five years, except where a shorter term is provided for by this
article or the rules and regulations promulgated pursuant to this
article. A single permit may be issued for a facility with
multiple sources of air contaminants; provided, however, that the
permit requires each source to comply with this article and the
rules and regulations promulgated pursuant to this article; (2) Permits issued by the director in accordance with 42 U.S.C.
Section 7651, et seq., to reduce the adverse effects of acid
deposition through the reduction of annual emissions of sulphur
dioxide and nitrogen oxides within the state shall be for a fixed
term of five years; (3) Permits issued for solid waste combustion incinerators shall
be issued for a fixed term of 12 years. The director shall review
the permit every five years to determine if such permit needs to
be amended, revised, or modified; (4) The board may provide by rule or regulation authority for the
director to issue, after notice and opportunity for public
hearing, a general permit covering numerous similar sources. Any
general permit shall comply with all requirements applicable to
permits under 42 U.S.C. Section 7661, et seq., as amended, and the
rules and regulations promulgated pursuant thereto. No facility
or source covered by a general permit shall be relieved from the
obligation to file an application pursuant to the requirements of
this article; and (5) All other permits shall be issued for a term as provided for
by this article and the rules and regulations promulgated pursuant
to this article. (d) The director shall provide to the administrator a copy of each
Title V permit proposed to be issued and issued as a final permit. (e) The director may revoke, suspend, or amend any permit issued,
for cause, including but not limited to the following: (1) Violation of any condition of such permit or failure to comply
with a final order of the director; (2) Failure to comply with any applicable rules or regulations in
effect pursuant to this article; (3) Obtaining a permit by misrepresentation, failure to disclose
fully all relevant facts, failure to inform the division of
modifications affecting emissions, or failure to inform the
division of changes in operation which affect emissions and which
are required to be reported to the division pursuant to this
article and the rules and regulations promulgated pursuant to this
article; or (4) Modifications which affect emissions. (f) The director may amend or modify any permit issued, for cause,
including but not limited to the following: (1) Modifications which affect emissions; or (2) Application by the permittee requesting modification or
amendment of the permittee's permit. (g) Except as provided elsewhere in this article, possession of an
approved Title V permit shall constitute compliance with the
applicable emission limitations or standards of performance or rules
and regulations or with any other provision of this article or rules
or regulations adopted pursuant to or in effect under this article,
to the extent specifically enumerated and provided in such permit. (h) Any permit issued by the director or any modification, revocation, suspension, or amendment of a permit shall become final unless a petition for hearing is filed in accordance with Code Section 12-9-15. (i) Failure by the director to make a decision to issue, deny, or review a permit within 18 months from the date a completed permit application is received shall be considered a refusal to issue, and the permittee may request review in accordance with Code Section 12-9-15. If the permittee does not request such review within 30 days after the expiration of such 18 month period, the permit shall be denied as a final agency action; provided, however, that for initial permit applications submitted pursuant to subsection (j) of this Code section, the director shall have three years from the submission deadline to process and issue or deny all completed permit applications. Of the completed applications submitted pursuant to subsection (j) of this Code section the director shall, at a minimum, process one-third of the applications in the first year, one-third of the applications in the second year, and the remaining applications in the third year. (j) Every person in possession of an air quality permit issued
pursuant to this article prior to July 1, 1992, and who is required
to obtain a Title V permit and any person without such permit who
has or intends to construct, install, modify, own, or operate any
stationary facility or source or any equipment, device, article, or
process capable of causing or contributing to the emission of air
contaminants from such source or designed to prevent air pollution
from said source and which is required to obtain a Title V permit
shall submit a completed permit application pursuant to this article
to the director within one year after the date this article and the
rules and regulations promulgated pursuant to this article are
approved by the administrator as complying with the federal act. |