75-10-427. Denial or modification of permit -- mitigating factors.
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75-10-427 . Denial or modification of permit -- mitigating factors.
(1)The department may deny an application for the issuance, reissuance, renewal, or modification of a permit for a hazardous waste management facility or impose additional conditions on a permit pursuant to subsection
(2)if within 5 years before the date of the application:
(a)a civil complaint or administrative enforcement action for a violation of an environmental protection law has resulted in the assessment of a penalty against the applicant;
(b)a judgment of criminal conviction of an environmental protection law has been entered against the applicant;
(c)the applicant has a history of repeated violations of environmental protection laws; or
(d)a judgment or criminal conviction for a violation described in 75-10-426 (1)(d) has been entered against the applicant.
(2)As provided under subsection (1), the department may impose additional conditions on a permit related to permit length, inspections, monitoring, recordkeeping, and reporting.
(3)In making the decision to deny an application or to impose conditions on a permit pursuant to subsection (1), the department shall consider the following mitigating factors:
(a)the number, nature, and gravity of the violations of environmental protection laws or violations described in 75-10-426 (1)(d);
(b)the degree of culpability of the applicant;
(c)the applicant's cooperation with the state or federal agencies involved in the complaints, enforcement actions, and convictions referred to in 75-10-426 ; and
(d)the applicant's dissociation from other persons or entities involved in the complaints or enforcement actions or convicted of acts referred to in 75-10-426 .
(4)For the purposes of this section, "applicant" includes a subsidiary or successor in interest with respect to the applicant.