§ 75-10-427

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

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. History: En. Sec. 3, Ch. 218, L. 1995.