12-17-4. Considerations in permitting.

In making the decision as to whether to grant any permits required by this chapter, the director shall determine whether the portion of the petroleum pipeline for which the permit is sought is consistent with and not an undue hazard to the environment and natural resources of this state after consideration of the following factors:#

1. (1)

   The information required to be contained in the petroleum pipeline company’s application under Code Section 12-17-3;#

2. (2)

   The direct environmental impacts of the proposed new petroleum pipeline or the proposed extension;#

3. (3)

   Alternative alignments to the proposed new petroleum pipeline or the proposed extension;#

4. (4)

   Public comment; and#

5. (5)

   Such other factors that the director deems reasonable and applicable or that the board by rules and regulations has established in order to protect the best interests of this state, its citizens, and its natural resources.#

The applicant shall bear the burden of proof to demonstrate that the director should issue a permit as provided under this chapter.#

The director’s decision shall be based on the record before the director, which shall include, but not be limited to, the applicant’s submissions, written comments submitted to the director, and research the director may conduct in analyzing the application.#