(Yes, another work related post. You have been warned.)
At work, I write and issue permits operational permits to businesses. To an extent these are negotiated permits. What that means is that after we receive an application and draft an initial permit, the applicant gets a chance to review the permit, make comments, and request changes if necessary.
The goal is to end up with a permit that achieves our goal of having a permit that shows the applicant how to operate in compliance with the regulations and at the same time having a permit the applicant can live with.
This doesn't happen if nobody reads the draft permits.
Ideally, a permit condition will meet three criteria: it will have a purpose, it will be clear, and it will be enforceable.
Purpose: There should be a reason that a condition exists. Usually this will be a regulatory requirement of some type or it could be a means to achieve a policy goal. One condition I ran into many years ago was a requirement for a trash handling facility to have a SCBA ( self contained breathing apparatus) on site - I still can't figure out why that was required.
Clarity: Conditions should be clear as to what the requirements are. If a condition confuses you or puts you to sleep before you can finish reading it, that's something that needs to be addressed before the permit is finalized.
Enforceable: This is twofold: compliance with the condition should lead to compliance with the regulation, and non-compliance with the condition should clearly show non-compliance with the regulation.
As an applicant, it's important to focus on the purpose and clarity of any drafts you are sent. If you don't understand why a requirement is in the permit or you are confused as to what you are being asked to do.... ask questions. This is your chance, once a permit is final, it may be too late.
tl;dr: Read!
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