R315-311-1. General Requirements

  (1) Upon submittal of the complete information required by Rule R315-310, as determined by the Director, a draft permit or permit denial will be prepared and the owner or operator of the new or existing facility will be notified in writing by the Director.

  (a) After meeting the requirements of the public comment period and public hearing as stipulated in Section R315-311-3, the owner or operator may be issued a permit which will include appropriate conditions and limitations on operation and types of waste to be accepted at the facility.

  (b) Construction shall not begin prior to the receipt of the permit.

  (c) An application that has been initiated by an owner or operator but for which the Director has not received a response to questions about the application for more than one year shall be canceled.

  (2) Solid waste disposal facility plan approval and permit issuance will depend upon:

  (a) the adequacy of the facility in meeting the location standards in Section R315-302-1;

  (b) the hydrology and geology of the area; and

  (c) the adequacy of the plan of operation, facility design, and monitoring programs in meeting the requirements of the applicable rules.

  (3) A permit can be granted for up to ten years by the Director, except as allowed in Subsection R315-311-1(5).

  (4) The owner or operator, or both, when the owner and the operator are not the same person, of each solid waste facility shall:

  (a) apply for a permit renewal, as required by Section R315-310-10, 180 days prior to the expiration date of the current permit if the permit holder intends to continue operations after the current permit expires; and

  (b) for facilities for which financial assurance is required by R315-309-1, submit, for review and approval by the Director on a schedule of no less than every five years, a complete update of the financial assurance required in Rule R315-309 which shall contain:

  (i) a calculation of the current costs of closure as required by Subsection R315-309-2(3); and

  (ii) a calculation that is not based on a closure cost which has been obtained by applying an inflation factor to past cost estimates.

  (5) A permit for a facility in post-closure care:

  (i) may be issued for the life of the post-closure care period; and

  (ii) the holder of the post-closure care permit shall comply with Subsection R315-311-1(4)(b).