444.372. Permits, final approval by director--denial of permit, procedures.
Permits, final approval by director--denial of permit, procedures.
444.372. 1. The director shall review the permitapplication and shall notify the applicant in a reasonableperiod of time after initial review of the completeness of theapplication, the need for additional information, theappropriateness of choice of final uses of the area and theadequacy of closure and inspection-maintenance plans. At therequest of the applicant, a meeting shall be scheduled tonegotiate and facilitate the appropriate plans to meet thepurposes of sections 444.350 to 444.380 and the air pollutioncontrol program, waste management program, water pollutioncontrol program and dam safety program.
2. The director shall issue the permit or deny the permitwithin ninety days of receipt of the completed application.When the director has denied the permit, a conference shall bescheduled by the director to consider the matters indisagreement, and to attempt to negotiate resolution of suchmatters. If final agreement is reached, permit approval shallbe issued. If final agreement is not reached, the directorshall issue and cause to be served on the operator, a finaldetermination specifying those matters in dispute, the basis forhis determination, and conditions required to meet thedirector's objections.
3. All final orders and determinations of the departmentmade pursuant to the provisions of sections 444.352 to 444.380are subject to judicial review pursuant to the provisions ofchapter 536, RSMo. All final orders and determinations shall bedeemed "administrative decisions" as that term is defined inchapter 536, RSMo. No judicial review shall be available untilall administrative remedies are exhausted.
4. In any suit filed pursuant to section 536.050, RSMo,concerning the validity of the department's rules orregulations, the court shall review the record made before thecommission to determine the validity and reasonableness of suchrules or regulations and may hear such additional evidence as itdeems necessary.
(L. 1989 H.B. 321 § 10)