Indiana Administrative Code
Title 329 - SOLID WASTE MANAGEMENT DIVISION
Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT
Rule 13 - State Administered Permit Program
Section 13-7 - Modification, revocation and reissuance, or termination of permits

Universal Citation: 329 IN Admin Code 13-7

Current through March 20, 2024

Authority: IC 13-14-8; IC 13-22-2-4

Affected: IC 4-21.5; IC 13-15-7; IC 13-22-2; 40 CFR 124.5

Sec. 7.

(a) Permits may be modified, revoked and reissued, or terminated either at the request of any interested person, including the permittee, or upon the commissioner's initiative. However, permits may only be modified, revoked and reissued, or terminated for the reasons specified in 40 CFR 270.41 through 40 CFR 270.43. All requests shall be in writing and shall contain facts or reasons supporting the request.

(b) If the commissioner tentatively decides to modify or revoke and reissue a permit under this rule, she shall prepare a draft permit under section 8 of this rule incorporating the proposed changes. The commissioner may request additional information and, in the case of a modified permit, require the submission of an updated final permit application. In the case of revoked and reissued permits, the commissioner shall require the submission of a new application.

(c) IC 13-15-7 governs the modification and the revocation and reissuance of permits. In addition, when a permit is revoked and reissued under this rule, the entire permit is reopened just as if the permit had expired and was being reissued.

(d) If a permit modification is requested by the permittee, the commissioner shall approve or deny the request according to the procedures in 40 CFR 270.42.

(e) If the commissioner decides to terminate a permit under this rule, she shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit prepared under section 8 of this rule.

(f) A denial of a request to modify, revoke and reissue, or terminate a permit shall be in accordance with IC 4-21.5.

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