- (a) Any person may apply to the department requesting authorization to construct or operate an emissions unit or stationary source pursuant to the terms of a general permit adopted by the secretary.
- (b) The application shall be on forms provided or approved by the department.
(c) The application shall include, but not be limited to:
- (1) information necessary to determine whether the emissions unit or stationary source qualifies for the general permit;
- (2) a statement that the emissions unit or stationary source shall remain in compliance with all conditions, limitations and requirements of the general permit, and all other applicable requirements; and
- (3) submission of the applicable application fee.
- (d) The owner or operator of the emissions unit or stationary source shall provide such additional information as is requested by the department.
- (e) The application shall be certified by a responsible official.
- (f) The timely and complete submission of an application to construct or operate under the terms of a general permit adopted by the secretary shall be considered equivalent to the timely and complete filing of an application for the issuance of the appropriate construction or operating permit.
- (g) The owner or operator of an emissions unit or stationary source which has been granted approval to construct or operate pursuant to a general permit shall not be shielded from enforcement action if it is subsequently determined that the emissions unit or stationary source did not qualify for the general permit.
- (h) The grant or denial of an application to construct or operate under the terms of a general permit shall not be considered final agency action with regard to the terms of the general permit within the meaning of K.S.A. 77-601 through 77-627, the act for judicial review and civil enforcement of agency actions.
(Authorized by K.S.A. 1993 Supp. 65-3005; implementing K.S.A. 1993 Supp. 65-3008; effective Jan. 23, 1995.)