(a) The commissioner shall grant an air pollution control permit only if the commissioner has determined that:
(1) the owner or operator of the regulated equipment or area for which a permit is sought is not currently in violation of any substantive standards set forth in Part C of this article or any regulations promulgated pursuant to this article; and
(2) any control equipment or technology to be utilized to control the emission of air contaminants is appropriate for the facility's operations and throughput; provided, however, any control equipment or technology permitted by state or federal law or regulation shall be considered appropriate.
(b) The commissioner shall have authority to impose conditions necessary to achieve the purposes of this article upon any permit issued pursuant to this section. Violation of any permit condition shall be considered to be a violation of this section.
(c) Any person whose application for an air pollution control permit is denied, or upon whom permit conditions are imposed pursuant to paragraph (b) of this section, may appeal to the commissioner for a hearing on the denial or conditions by submitting a written request for a hearing within 15 days of the date of the letter denying the permit application or granting the application with conditions. The commissioner, or the commissioner's designee, shall commence the hearing within 30 days of receiving a hearing request, unless a later date is scheduled with the mutual consent of the parties. Failure to timely request a hearing in accordance with this paragraph shall constitute a waiver of the opportunity for a hearing.
(Added Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
Editor's note – Coun. J. 10-7-09, p. 73413, § 1, repealed former § 11-4-630, which prohibited atmospheric pollution.