§ 27-55. Standards for issuing or denying licenses.

(a)

A license shall be issued to the applicant upon such conditions as EPGMD may direct, only if the applicant affirmatively provides EPGMD with reasonable assurance based on plans, test results, installation of pollution control equipment, or other information, that the construction, expansion, alteration, modification, operation, or activity of the installation will not discharge, emit, or cause pollution or otherwise damage the natural resources in contravention of this chapter or other environmental laws or regulations.

(b)

EPGMD may take into consideration an applicant's previous and current violations of this chapter and, when known, other environmental laws and regulations at any installation when determining whether the applicant has provided reasonable assurances that this chapter's and EPGMD's standards will be met. EPGMD may also consider, when known, the applicant's convictions for crimes of moral turpitude (malum in se crimes).

(c)

If, after review of the application and all the information, EPGMD determines that the applicant has not provided reasonable assurances that the construction, modification, expansion, or operation of the installation will be in accord with this chapter and applicable laws and regulations, EPGMD shall deny the license.

(d)

EPGMD licenses may be denied for the following reasons:

(1)

The applicant has violated, is in violation, or has not resolved a violation of the provisions of this chapter or state or federal environmental laws or regulations; but a license may be granted if the applicant is proceeding to correct the alleged violation on a schedule approved by the jurisdictional regulating agency.

(2)

The license is for construction of a proposed facility whose design violates the provisions of this chapter.

(3)

The license is for the operation of a facility that has not been constructed in accordance with a EPGMD license.

(4)

A license shall be denied if the applicant does not submit a complete application, requested information needed to evaluate the facility's or project's ability to comply with the provisions of this chapter, or required fees within sixty (60) days of EPGMD request.

(5)

The license is for the operation of a facility, construction of a project, or the conducting of an activity which would be in violation of federal, state, or local laws and the violation is known by EPGMD.

(6)

The applicant has failed to pay a penalty or comply with all actions required by a settlement agreement, final order or judgment resulting from an enforcement action by EPGMD against the applicant.

(7)

The applicant or a responsible party is a habitual violator as defined herein.

(8)

The license is for construction that would be on a contaminated site.

(9)

The applicant fails to pay all fees.

(10)

For any reason that a license could be suspended or revoked.

(11)

If any county or municipal agency has advised EPGMD in writing that the issuance of a license would not be consistent with the Broward County Comprehensive Plan or the applicable municipal comprehensive plan in Broward County.

(e)

The license applicant shall be notified in writing of any license denial and the reasons therefor. Service of this notification shall be made in accordance with section 27-39 of this chapter. No further license applications for the facility involved will be accepted unless the applicant has satisfied the objections specified in the denial notification.

(f)

An applicant whose license has been denied may obtain administrative review as provided for by this chapter. Failure to appeal shall be deemed a waiver of the right to the hearing.

(Ord. No. 2003-34, § 1, 9-23-03; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2009-56, § 1, 8-25-09)