Current through September 18, 2024
Authority: IC 13-14-8-7; IC 13-15-1-2; IC 13-15-2-1; IC
13-15-7-1; IC 13-18-3-1; IC 13-18-12-4
Affected: IC 13-11-2-77; IC 13-15-7; IC 13-30-10; IC
36-9-30-35
Sec. 1.
(a) Permit
applications under this article must be submitted on forms and in a format
prescribed by the commissioner and include applicable accompanying
documentation as described on the forms.
(b) A permit application must be submitted at
least one hundred eighty (180) days prior to the proposed commencement of the
operation.
(c) A permit application
for renewal of an existing permit must be:
(1) postmarked;
(2) hand delivered to the office of land
quality, Indiana department of environmental management; or
(3) deposited with a private carrier as shown
by the receipt issued by the carrier, if the application is sent by the private
carrier to the address for the department on the application; at least one
hundred eighty (180) days prior to the expiration of the existing permit or the
permit will be invalid upon expiration.
(d) A permit may be renewed with new or
modified conditions based on the information provided in the renewal
application.
(e) The commissioner
may:
(1) deny a permit application or a
renewal application; or
(2) place
additional conditions on a permit or renewal permit;
if the commissioner determines that one (1) or more of the
criteria in subsection (f) demonstrate the applicant's inability or
unwillingness to manage biosolid, industrial waste product, or
pollutant-bearing water under the requirements of this article.
(f) The commissioner may
deny or place additional conditions on a permit or renewal permit based on one
(1) or more of the following:
(1) The
applicant has been convicted of a crime under IC 13-30-10 or IC
36-9-30-35.
(2) The commissioner,
under IC 13-15-7, has revoked the applicant's previous permit to operate under:
(A) this article; or
(B) 327 IAC 6, which was repealed in
1998.
(3) The applicant
has a history of one (1) or more violations of IC 13 or rules promulgated by
authority of IC 13.
(4) The
applicant was the subject of one (1) or more administrative or judicial
enforcement actions concerning land application under this article or 327 IAC
6, which was repealed in 1998.
(5)
The applicant is the subject of one (1) or more pending administrative or
judicial enforcement actions commended under authority of IC 13.
(g) The application for a permit
or the issuance of a permit does not:
(1)
convey any property rights of any sort or any exclusive privileges to the
applicant or permittee;
(2)
authorize:
(A) any injury to any person or
private property;
(B) invasion of
other property rights; or
(C) any
infringement of federal, state, or local laws or regulations; or
(3) preempt any duty to comply
with other federal, state, or local requirements.
(h) Proposals for equivalent methods for
meeting requirements may be submitted for approval to the commissioner with the
permit application for the following:
(1)
Site restrictions in
327 IAC 6.1-4-6
and
327 IAC
6.1-7-5.
(2) The storage requirement in
327
IAC 6.1-4-8(a) and
327 IAC
6.1-7-9(a).
(3) Loading rates in
327 IAC
6.1-4-10 and
327 IAC 6.1-7-10(a)(1)
through
327 IAC
6.1-7-10(a)(3).
(4) Vector attraction reduction requirements
in
327 IAC
6.1-4-15.
(5) Monitoring and analysis requirements in
327 IAC
6.1-4-16 and
327
IAC 6.1-7-2 through
327
IAC 6.1-7-4.
(i) A management plan must be submitted to
the commissioner with the permit application if any of the following are
applicable:
(1) The management practice in
327 IAC 6.1-4-7(l)
or
327 IAC
6.1-7-6(j).
(2) The stockpiling requirement in
327
IAC 6.1-4-8(e).
(3) Marketing and distribution in 327 IAC
6.1-5.
