Current through March 20, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3; IC
13-20-1
Affected: IC 5-3-1-2; IC 5-3-1-6; IC 5-3-2; IC 13-15-3-3; IC
13-20; IC 36-9-30
Sec. 1.
(a) A person
submitting an application for one (1) of the following shall submit an
affidavit as required by
329
IAC 10-11-2.5(a)(19) and shall make
notice as required in subsection (b):
(1) A
new solid waste land disposal facility permit.
(2) A major modification for a lateral
expansion permit or a vertical expansion permit.
(3) A minor modification permit for an
acreage expansion that would not:
(A)
increase the facility's permitted capacity to dispose of solid waste by the
lesser of:
(i) more than ten percent (10%);
or
(ii) five hundred thousand
(500,000) cubic yards; or
(B) in an acreage expansion, increase the
area within the permitted solid waste boundary by more than one (1)
acre.
(b) The
notice required by subsection (a) must include the following:
(1) Not more than ten (10) working days after
submitting an application, an applicant shall make a reasonable effort to
notify the owners of record of adjoining land to the solid waste land disposal
facility or proposed solid waste land disposal facility.
(2) The notice provided by the applicant in
this subsection must:
(A) be in
writing;
(B) include the date on
which the application for the permit was submitted to the department;
and
(C) include a brief description
of the subject of the application.
(c) A public meeting must be conducted by the
applicant submitting an application for the following:
(1) A new solid waste land disposal facility
permit.
(2) A major modification to
a solid waste land disposal facility permit.
(d) The applicant shall complete the
following for the public meeting as required in subsection (c):
(1) Within sixty (60) days after the date the
applicant received notification from the commissioner that the application has
been deemed complete, conduct a public meeting in the county where the solid
waste land disposal facility or major modification designated in the
application will be located.
(2)
Publish notice of the public meeting at least ten (10) days prior to the
meeting in a newspaper of general circulation in the county where the solid
waste land disposal facility or major modification will be located. The notice
must:
(A) be at least two (2) columns wide by
five (5) inches long;
(B) not be
placed in the part of the newspaper where the legal notices and classified
advertisements appear;
(C) include
the time and date of the public meeting;
(D) state the exact place of the public
meeting; and
(E) have every effort
made by the applicant and the department to coordinate the publication date of
the notice of the public meeting held by the applicant as required by this
subdivision with the publication date of the notice of public hearing held by
the department as required in subsection (i)(1).
(3) Conduct the public meeting as follows:
(A) Present a brief description of the
location and operation of the proposed solid waste land disposal facility or
major modification.
(B) Indicate
where copies of the application have been filed.
(C) If the applicant proposes a design
alternative, the applicant must briefly describe the alternative
design.
(D) State that the
department will accept written comments and questions from the public on the
permit application and announce the address of the department and name of the
person accepting comments on behalf of the department.
(E) Provide fact sheets on the proposed solid
waste land disposal facility or major modification that have been prepared by
the department for the public. A department representative shall attend the
meeting.
(F) Offer the opportunity
for public comments and questions.
(e) Within five (5) days after the date the
applicant received notification from the commissioner that the application has
been deemed complete by the department, the applicant shall place a copy of the
complete application and any additional information that the department
requests at a library in the county where the solid waste land disposal
facility or major modification will be located.
(f) The applicant shall pay the costs of
complying with subsections (c) through (e).
(g) Failure of the applicant to comply with
subsections (c) through (f) may result in the denial of the application by the
department.
(h) Public notice must
be made by the department as required by IC 5-3-1-2(i) after the date the
applicant received notification from the commissioner that the permit
application is deemed completed. The public notice must meet the following
requirements:
(1) Indicate where copies of the
application are available for public review.
(2) State that the department will accept
comments from the public on the application for at least thirty (30)
days.
(3) Offer the opportunity for
a public hearing on the application.
(4) The department shall publish the notice
in accordance with IC 5-3-1-6.
(5)
If the facility boundary of the proposed solid waste land disposal facility or
major modification, if also a lateral expansion, will be within one (1) mile of
the county boundary, the department will publish the notice in accordance with
IC 5-3-1-6 in the adjacent county.
(6) In addition to the requirements in IC
5-3-1-6, the department shall publish the notice in two (2) newspapers in the
county where the solid waste land disposal facility or major modification is
located, if there are two (2) newspapers of general circulation in the
county.
(i) The
department shall hold a public hearing if required by IC 13-15-3-3. The
following apply to a public hearing:
(1) The
department shall publish notice of the hearing as required in IC 5-3-1 and IC
5-3-2 in newspapers of general circulation in the county where the solid waste
land disposal facility (if a major modification) or proposed solid waste land
disposal facility is located.
(2)
During a hearing, a person may testify within the time provided or submit
written comments, or both. The department will consider testimony that is
relevant to the requirements of IC 13 and this article.
