Section 34A-6-1.13 - Hearing--Issuance of permit--Contested cases--Conditions for denial. - South Dakota Statutes

34A-6-1.13. Hearing--Issuance of permit--Contested cases--Conditions for denial. The board or the secretary, after public notice and opportunity for public hearing, may issue a permit with reasonable terms and conditions for installation, establishment, modification, operation, or abandonment of a solid waste facility. After publication of the secretary's recommendation on a permit application as provided for under § 34A-6-1.14, if no petition for contested case is timely filed, the recommendation of the secretary becomes the final determination on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with his recommendation. The board may issue a permit in a contested case on the basis of information in the application itself or on the basis of evidence received at a hearing, if any, on the matter only if the board finds that the facility will meet the requirements of §§ 34A-6-1.1 to 34A-6-1.38, inclusive, and is in the public interest.
The board may deny any permit in a contested case if it finds that the applicant, or any officer, director, or manager thereof, or shareholder owning twenty percent or more of its capital stock, beneficial or otherwise, or other person conducting or managing the affairs of the applicant or of the proposed permitted premises in whole or part:
(1) Has misrepresented a material fact in applying to the board for a permit;
(2) Has been convicted of a felony or other crime involving moral turpitude;
(3) Has violated the environmental laws of any state or the United States;
(4) Has had any permit revoked under the environmental laws of any state or the United States; or
(5) Has otherwise demonstrated through previous actions that he lacks the character or competency to reliably carry out the obligations imposed by §§ 34A-6-1.1 to 34A-6-1.38, inclusive.
For the purpose of this section, the conduct and reputation of any owner or proposed manager or operator may be imputed to the applicant.

Source: SL 1989, ch 306, § 14; SL 1991, ch 288, § 6.