Effective 28 Aug 1989

444.372. Permits, final approval by director — denial of permit, procedures. — 1. The director shall review the permit application and shall notify the applicant in a reasonable period of time after initial review of the completeness of the application, the need for additional information, the appropriateness of choice of final uses of the area and the adequacy of closure and inspection-maintenance plans. At the request of the applicant, a meeting shall be scheduled to negotiate and facilitate the appropriate plans to meet the purposes of sections 444.350 to 444.380 and the air pollution control program, waste management program, water pollution control program and dam safety program.

2. The director shall issue the permit or deny the permit within ninety days of receipt of the completed application. When the director has denied the permit, a conference shall be scheduled by the director to consider the matters in disagreement, and to attempt to negotiate resolution of such matters. If final agreement is reached, permit approval shall be issued. If final agreement is not reached, the director shall issue and cause to be served on the operator, a final determination specifying those matters in dispute, the basis for his determination, and conditions required to meet the director's objections.

3. All final orders and determinations of the department made pursuant to the provisions of sections 444.352 to 444.380 are subject to judicial review pursuant to the provisions of chapter 536. All final orders and determinations shall be deemed "administrative decisions" as that term is defined in chapter 536. No judicial review shall be available until all administrative remedies are exhausted.

4. In any suit filed pursuant to section 536.050 concerning the validity of the department's rules or regulations, the court shall review the record made before the commission to determine the validity and reasonableness of such rules or regulations and may hear such additional evidence as it deems necessary.

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(L. 1989 H.B. 321 § 10)