The department shall issue or renew a facility permit if it determines that the following criteria have been met:

1. (a) All applicable requirements of the rules have been met;
2. (b) All other state permits which are necessary for the construction and operation of the facility have been applied for and shall be issued prior to facility construction and operation, as required;
3. (c) Management of septage at the facility shall not violate any statutes or rules implemented by the department;
4. (d) The applicant has not been convicted of a misdemeanor under any statute administered by the department within the 5 years prior to the date of application, or of a felony in any state or federal court during the 10 years prior to the date of application;
5. (e) The applicant has paid all fees and administrative fines owed to the department and all civil or criminal penalties owed to the state as a result of a violation of a law administered by the department; and
6. (f) The septage management activities which will be conducted at the facility shall not adversely affect threatened or endangered species.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24