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 state permits which are necessary for the construction and operation of the facility have been applied for;
3. (c) The management of sludge at the facility, in accordance with the application, will not violate any statues or rules implemented by the department;
4. (d) The permit holder 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 permit holder has paid all fees and administrative, civil, or criminal penalties owed to the department; and
6. (f) The sludge management activities that will be conducted at the facility will not adversely affect threatened or endangered species.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 800) #10998, eff 1-1-16