Section 132-2-009 - Issuance or Denial of a Permit009.01 Once an application is determined to be administratively complete and has been reviewed by the Department, the Director shall make a preliminary decision whether to issue or deny the permit. Such preliminary decision shall be publicly noticed as outlined in Section 011.009.02 The Director shall not issue a permit unless the applicant submits adequate documentation that the facility will be developed, constructed, modified or operated so as to ensure compliance with all applicable laws, regulations, and standards, and so as to be protective of human health and the environment. The Director may deny a permit on any of the following grounds including, but not limited to: 009.02A The application does not meet the appropriate design criteria specified in these regulations;009.02B Upon a request for renewal or transfer, the permittee has not complied with all terms, conditions, requirements, and schedules of compliance of the existing permit; or009.02C In the case of a solid waste disposal area, such a facility is within three thousand three hundred (3300) feet of a residential area in a metropolitan class city. 009.02C1 For purposes of this section, "residential area" shall mean an area designated as residential under the zoning authority of the city.009.03 If an application is denied, the Department shall provide written rationale therefor to the applicant.009.04 If the Director determines to deny the permit and the applicant wishes to contest the decision, the procedures of Title 115 and the Administrative Procedures Act shall be followed.009.05 An applicant shall not commence construction until written permission to construct has been received from the Department after all necessary application review and public notice and participation has been completed. The permit will be issued after construction of the facility is complete and the applicant supplies documentation verifying that the facility was constructed in accordance with the application. In the case of solid waste disposal areas, this documentation shall be signed by a professional engineer registered in the State of Nebraska.132 Neb. Admin. Code, ch. 2, § 009