An enforcement agency may, after holding a public hearing before a hearing panel or a hearing officer appointed pursuant to Section 44308 or 44309, in accordance with the procedures set forth in Section 44310, deny a solid waste facilities permit in any of the following cases:
(a) The application is incomplete or otherwise inadequate.
(b) The applicant has not complied with Division 13 (commencing with Section 21000).
(c) The applicant has failed to demonstrate that the facility will meet minimum regulatory standards.
(d) The application contains significant false or misleading information or significant misrepresentations.
(e) The agency determines the applicant has, during the previous three years, been convicted of, or been issued a final order for, one or more violations of this division, or regulations adopted pursuant to this division, or the terms and conditions of the permit, and the violation meets both of the following criteria:
(1) The violation demonstrates a chronic recurring pattern of noncompliance that has posed, or may pose, a significant risk to public health and safety or to the environment.
(2) The violation has not been corrected or reasonable progress toward correction has not been achieved.
(Amended by Stats. 2004, Ch. 448, Sec. 3. Effective January 1, 2005.)
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