Sec. 1. (a) Except as provided in sections 2, 3, and 6 of this chapter, the commissioner shall approve or deny an application filed with the department after July 1, 1995, within the following number of days: (1) Three hundred sixty-five (365) days for an application concerning the following: (A) A new hazardous waste or […]
Sec. 10. The commissioner may suspend the processing of an application, and the period described under sections 1 through 6 of this chapter is suspended, if one (1) of the following occurs: (1) The department determines that the application is incomplete and has mailed a notice of deficiency to the applicant that specifies the parts […]
Sec. 11. (a) If an applicant is operating pursuant to a continuation of an existing permit pending determination of an application for a new or renewed permit under IC 13-15-3-6, the applicant may proceed under this section after notifying the commissioner in writing of its intent to do so. (b) If the commissioner does not […]
[Pre-1996 Recodification Citation: 13-7-10.1-8(b).] As added by P.L.1-1996, SEC.5. Repealed by P.L.184-2002, SEC.30.
Sec. 12.1. An applicant may not receive a refund of a permit application fee if the permit application concerned the renewal of a permit. As added by P.L.240-2003, SEC.11.
[Pre-1996 Recodification Citation: 13-7-10.1-8(c).] As added by P.L.1-1996, SEC.5. Repealed by P.L.184-2002, SEC.30.
Sec. 14. Except for applicants proceeding under section 11(a) of this chapter, an applicant may not proceed under any of the options described in section 11(b) of this chapter if construction or operation of the equipment or facility described in the permit application has already begun, unless construction or operation before obtaining the permit is […]
Sec. 15. (a) If an applicant chooses to proceed under section 11(b)(3) of this chapter, the department and the applicant shall jointly: (1) select a consultant that has the appropriate background to review the applicant’s application; and (2) authorize the consultant to begin work; not later than fifteen (15) working days after the department receives […]
Sec. 16. (a) If an applicant chooses to proceed under section 11(b)(2) or 11(b)(3) of this chapter, the applicant or a consultant shall prepare and submit to the commissioner the draft permit and any required supporting technical justification for the permit not later than thirty-five (35) working days after: (1) the applicant has notified the […]
Sec. 17. (a) Any time before a period specified under sections 1 through 6 of this chapter has expired, the commissioner may do the following: (1) Notify an applicant that the commissioner does not believe that the commissioner will be able to approve or deny a permit application filed with the department before the time […]
Sec. 18. The remedies provided in this chapter are not the exclusive remedies available to a permit applicant. A permit applicant’s election of a remedy under this chapter does not preclude the permit applicant from seeking other remedies available at law or in equity. [Pre-1996 Recodification Citation: 13-7-10.1-13.] As added by P.L.1-1996, SEC.5.
As added by P.L.184-2002, SEC.10. Amended by P.L.53-2014, SEC.120. Repealed by P.L.130-2018, SEC.59.
Sec. 2. (a) This section does not apply to permit applications described in section 1(a)(1) or 1(a)(2) of this chapter. (b) If the department determines that a public hearing should be held under: (1) IC 13-15-3-3; or (2) any other applicable rule or law; the commissioner has thirty (30) days in addition to the number […]
Sec. 3. (a) A board may adopt a rule under IC 4-22-2 that changes a period described under section 1 of this chapter within which the commissioner must approve or deny an application: (1) if: (A) the general assembly enacts a statute; (B) a board adopts a rule; or (C) the federal government enacts a […]
Sec. 4. An application for a permit renewal that includes a modification shall be reviewed within the period applicable to the modification. [Pre-1996 Recodification Citation: 13-7-10.1-4(d).] As added by P.L.1-1996, SEC.5.
Sec. 5. Sections 1 through 4 and section 6 of this chapter do not alter the procedures and time frames set forth in the hazardous waste permit modification rules adopted by the department, except to the extent that sections 1 through 4 and 6 of this chapter establish specific calendar day time frames where no […]
Sec. 6. (a) Notwithstanding the periods specified in sections 1 through 4 of this chapter and this section, a person proposing to construct, modify, or operate any equipment, facility, or pollution control device that is demonstrated to achieve pollution control or pollution prevention in excess of applicable federal, state, or local requirements may apply to […]
Sec. 7. (a) For purposes of calculating a period under sections 1 through 6 of this chapter, the period: (1) begins on the earlier of the date: (A) an application and any required fee is received and stamped received by the department; or (B) marked by the department on a certified mail return receipt accompanying […]
Sec. 8. (a) The commissioner and an applicant may agree in writing to extend any time allowed under sections 1 through 6 of this chapter for a decision to be made on an application. (b) The commissioner and an applicant may agree in writing to have a consultant review an application submitted to the department: […]
Sec. 9. The commissioner may deny a permit application because the application is incomplete if: (1) the department, not later than thirty-five (35) working days after receiving the application, identifies each part of the application that is incomplete; and (2) the applicant has failed to submit or make a good faith effort to submit the […]