Indiana Administrative Code
Title 329 - SOLID WASTE MANAGEMENT DIVISION
Article 11 - SOLID WASTE PROCESSING FACILITIES
Rule 11 - Permit Issuance and Miscellaneous Provisions
Section 11-6 - Permit revocation and modification
Current through September 18, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1; IC 13-19-4-10
Affected: IC 4-21.5-3-7; IC 13-15-7; IC 13-30-2; IC 36-9-30
Sec. 6.
(a) The commissioner may:
When a permit is modified, only the conditions subject to modifications are reopened and subject to review under IC 13-15-7 and
IC 4-21.5-3-7. If a permit is revoked, the entire permit is reopened and subject to revision, and if the permit is reissued, it may be for a new term.
(b) If the facility is located in an area not suitable for the operation of a solid waste processing facility as specified under this article, the commissioner shall consider this issue as a sufficient basis for denying the modification or for revoking the permit unless the permittee demonstrates to the commissioner that continued use of the facility will not pose a threat to human health or the environment.
(c) To request a change in the facility permit, the permittee shall request that the commissioner modify the permit. The permittee shall submit the requested modification and rationale for the modification. If the commissioner determines that the requested modification is consistent with the standards established in this article, the commissioner shall grant the modification. Only the conditions subject to modification are reopened. The commissioner shall give notice of the determination on the modification in accordance with IC 13-15-7 and IC 4-21.5-3-7.
