reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 4. Schedules for Determinations on Permits › 13-15-4-3. Period for Ruling on Applications; Changes

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 statute or adopts a regulation;
that imposes a new requirement concerning a class of applications that makes it infeasible for the commissioner to approve or deny the application within the period;
(2) if:
(A) the general assembly enacts a statute;
(B) a board adopts a rule; or
(C) the federal government enacts a statute or adopts a regulation;
that establishes a new permit program for which a period is not described under section 1 of this chapter; or
(3) if some other significant factor concerning a class of applications makes it infeasible for the commissioner to approve or deny the application within the period.
(b) A board may adopt a rule described in subsection (a) as an emergency rule under IC 4-22-2-37.1, if:
(1) the variance procedures are included in the rule; and
(2) permits or licenses granted during the period the emergency rule is in effect are reviewed after the emergency rule expires.
If a board adopts an emergency rule under this subsection, the period described in section 1 of this chapter is suspended during the emergency rulemaking process. An emergency rule adopted under this subsection may be extended for two (2) extension periods by adopting another emergency rule under IC 4-22-2-37.1. IC 4-22-2-37.1(g)(3) does not apply to an emergency rule adopted under this subsection.
[Pre-1996 Recodification Citation: 13-7-10.1-4(c).]
As added by P.L.1-1996, SEC.5. Amended by P.L.140-2013, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 4. Schedules for Determinations on Permits › 13-15-4-4. Review of Permit Renewal

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.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 4. Schedules for Determinations on Permits › 13-15-4-5. Effect on Hazardous Waste Permit Modification Rules

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 time frame exists under the rules.
[Pre-1996 Recodification Citation: 13-7-10.1-4(e).]
As added by P.L.1-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 4. Schedules for Determinations on Permits › 13-15-4-6. Interim Permits

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 the commissioner for an interim permit to construct, modify, or operate the equipment, facility, or pollution control device.
(b) The commissioner shall approve or deny the interim permit not later than sixty (60) days after receipt of the application for an interim permit, unless the applicant and the commissioner agree that a longer review period is necessary.
(c) This section does not relieve a person from complying with:
(1) the permit requirements provided under this title; and
(2) rules adopted under this title;
to the extent that this title and the rules are not inconsistent with this section.
[Pre-1996 Recodification Citation: 13-7-10.1-4(f).]
As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.102.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 4. Schedules for Determinations on Permits › 13-15-4-7. Calculation of Periods

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 an application and any required fee; and
(2) ends on the date a decision is issued to approve or deny the application under IC 4-21.5-3-4 or IC 4-21.5-3-5.
(b) If an applicant pays an application fee with a check that is not covered with sufficient funds, a period described under sections 1 through 6 of this chapter is suspended until the applicant pays the permit application fee.
[Pre-1996 Recodification Citation: 13-7-10.1-5.]
As added by P.L.1-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 4. Schedules for Determinations on Permits › 13-15-4-8. Extension of Periods

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:
(1) to expedite the process of reviewing the application; and
(2) at the applicant's expense.
[Pre-1996 Recodification Citation: 13-7-10.1-6.]
As added by P.L.1-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 4. Schedules for Determinations on Permits › 13-15-4-9. Denial of Applications

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 requested information not later than sixty (60) days after receiving a written request from the department.
[Pre-1996 Recodification Citation: 13-7-10.1-7(a).]
As added by P.L.1-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 4. Schedules for Determinations on Permits › 13-15-4-11. Applicant's Alternatives When Operating Pending Permit Application or Pending Commissioner's Ruling on Application

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 issue or deny a permit within the time specified under sections 1 through 6 of this chapter, the applicant may proceed under this section. After reaching an agreement with the commissioner or after consulting with the commissioner for thirty (30) days and failing to reach an agreement, the applicant may choose to proceed under one (1) of the following alternatives:
(1) The:
(A) applicant may, except as provided in section 12.1 of this chapter, request and receive a refund of a permit application fee paid by the applicant; and
(B) commissioner shall do the following:
(i) Continue to review the application.
(ii) Approve or deny the application as soon as practicable.
(iii) Except as provided in section 12.1 of this chapter, refund the applicant's application fee not later than twenty-five (25) working days after the receipt of the applicant's request.
(2) The:
(A) applicant may:
(i) except as provided in section 12.1 of this chapter, request and receive a refund of a permit application fee paid by the applicant; and
(ii) submit to the department a draft permit and any required supporting technical justification for the permit; and
(B) commissioner shall do the following:
(i) Review the draft permit.
(ii) Approve, with or without revision, or deny the draft permit in accordance with section 16 of this chapter.
(iii) Except as provided in section 12.1 of this chapter, refund the applicant's application fee not later than twenty-five (25) working days after the receipt of the applicant's request.
(3) The:
(A) applicant may hire an outside consultant to prepare a draft permit and any required supporting technical justification for the permit; and
(B) commissioner shall:
(i) review the draft permit; and
(ii) approve, with or without revision, or deny the draft permit in accordance with section 16 of this chapter.
[Pre-1996 Recodification Citation: 13-7-10.1-8(a).]
As added by P.L.1-1996, SEC.5. Amended by P.L.184-2002, SEC.6; P.L.240-2003, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 4. Schedules for Determinations on Permits › 13-15-4-12. Repealed

[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.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 4. Schedules for Determinations on Permits › 13-15-4-12.1. Applicant Not Entitled to Refund of Application Fee for Permit Renewal

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.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 4. Schedules for Determinations on Permits › 13-15-4-13. Repealed

[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.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 4. Schedules for Determinations on Permits › 13-15-4-14. Effect of Commencement of Construction or Operation of Equipment or Facility

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 authorized by a board rule or state statute.
[Pre-1996 Recodification Citation: 13-7-10.1-8(d).]
As added by P.L.1-1996, SEC.5. Amended by P.L.184-2002, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 4. Schedules for Determinations on Permits › 13-15-4-15. Consultants

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 notice that the applicant has chosen to proceed under section 11(b)(3) of this chapter.
(b) The commissioner may:
(1) consult with the applicant regarding the advisability of proceeding under this section; and
(2) document the communications.
[Pre-1996 Recodification Citation: 13-7-10.1-9.]
As added by P.L.1-1996, SEC.5. Amended by P.L.184-2002, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 4. Schedules for Determinations on Permits › 13-15-4-16. Draft Permits

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 commissioner that the applicant has chosen to proceed under section 11(b)(2) of this chapter; or
(2) the department and the applicant have authorized a consultant to begin work under section 11(b)(3) of this chapter.
(b) Subject to subsection (c), the commissioner shall:
(1) approve, with or without revision; or
(2) deny;
the draft permit not later than twenty-five (25) working days after receiving the draft permit.
(c) If notice of opportunity for public comment or public hearing is required under applicable law before a permit decision can be issued, the commissioner shall comply with all public participation requirements and:
(1) approve, with or without revision; or
(2) deny;
the draft permit not later than fifty-five (55) working days after receipt of the draft permit.
(d) If the commissioner denies the draft permit, the commissioner shall specify the reasons for the denial.
(e) If an applicant has elected to have a draft permit prepared under section 11(b)(3) of this chapter and:
(1) the consultant fails to submit a draft permit and supporting technical justification to the commissioner; or
(2) the commissioner fails to approve or deny the draft permit;
within the applicable time specified under subsection (a), (b), or (c), the department shall refund the applicant's permit application fee not later than twenty-five (25) working days after expiration of the applicable period.
(f) The commissioner and the applicant may mutually agree to extend the deadlines in this section.
[Pre-1996 Recodification Citation: 13-7-10.1-10.]
As added by P.L.1-1996, SEC.5. Amended by P.L.184-2002, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 4. Schedules for Determinations on Permits › 13-15-4-17. Notice of Applicant's Alternatives Before Expiration of Period

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 specified in sections 1 through 6 of this chapter expires.
(2) Offer to the applicant and allow the applicant to accept one (1) of the following options:
(A) The applicant may submit to the department a draft permit and any legally required supporting technical justification within a period agreed to by the applicant and the commissioner.
(B) The department may hire a qualified consultant at the applicant's cost to:
(i) complete the review of the application; and
(ii) prepare a draft permit and any legally required supporting technical justification.
(b) If the applicant submits a draft permit and supporting documentation on time under subsection (a)(2)(A) or elects to fund the hiring of a consultant under subsection (a)(2)(B), the commissioner shall issue or deny the permit within the period specified under sections 1 through 6 of this chapter. If the commissioner does not make a decision within the period specified:
(1) the department shall refund to the applicant:
(A) the permit application fee paid by the applicant; and
(B) any consultant's fees paid by the applicant;
(2) if a consultant has been hired by the department and has not submitted a draft permit to the department, the consultant shall submit the draft permit and any required supporting technical justification to the department not later than fifteen (15) working days after the expiration of the period specified in sections 1 through 6 of this chapter; and
(3) the commissioner shall approve, with or without revision, or deny the draft permit submitted by the applicant or a consultant within the period specified under section 16(b) or 16(c) of this chapter.
[Pre-1996 Recodification Citation: 13-7-10.1-11.]
As added by P.L.1-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 4. Schedules for Determinations on Permits › 13-15-4-18. Remedies Not Exclusive

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.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 5. Comments on Permit Issuance or Denial › 13-15-5-1. Notice Requesting Comments; Period for Comments; Hearings

Sec. 1. (a) In response to an application for an original permit or a renewal permit, the commissioner:
(1) shall, if required by IC 13-15-3-3 or other law; or
(2) may, if not required by law;
publish a notice requesting comments concerning the question of issuance or denial of the permit.
(b) If the application is for an operating permit under 42 U.S.C. 7661 through 7661f, the commissioner shall give notice to all states that are:
(1) contiguous to Indiana; or
(2) located not more than fifty (50) miles from a source that is a subject of the permit application.
(c) A comment period of at least thirty (30) days must follow publication of a notice under this section. During the comment period, interested persons may:
(1) submit written comments to the commissioner concerning the issuance or denial of the permit; and
(2) request a public hearing concerning the issuance or denial of the permit.
(d) The commissioner, in response to a written request, may hold a public hearing in the geographical area affected by the proposed permit on the question whether to issue or deny the permit.
[Pre-1996 Recodification Citation: 13-7-10-2.5(a).]
As added by P.L.1-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 5. Comments on Permit Issuance or Denial › 13-15-5-2. Written Objection by the Environmental Protection Agency

Sec. 2. The commissioner may not issue a permit under the operating permit program under 42 U.S.C. 7661 through 7661f if the United States Environmental Protection Agency makes a written objection within the time allowed under applicable federal law.
[Pre-1996 Recodification Citation: 13-7-10-2.5(f).]
As added by P.L.1-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 5. Comments on Permit Issuance or Denial › 13-15-5-3. Issuance or Denial of Permit; Notice of Action

Sec. 3. (a) Except as provided in section 2 of this chapter:
(1) after the comment period; or
(2) if a public hearing is held, after the public hearing;
the commissioner shall issue the permit or deny the permit application.
(b) Unless the commissioner states otherwise in writing, the commissioner's action under this section is effective immediately.
(c) Notice of the commissioner's action shall be served upon the following:
(1) The permit applicant.
(2) Each person who submitted written comments under section 1 of this chapter.
(3) Each person who requests notice of the permit determination.
(4) The Administrator of the United States Environmental Protection Agency if service is required under the applicable federal law.
(d) If the commissioner's action is likely to have a significant impact upon persons who are not readily identifiable, the commissioner may publish notice of the action on the permit application in a newspaper of general circulation in the county affected by the proposed permit.
[Pre-1996 Recodification Citation: 13-7-10-2.5(b).]
As added by P.L.1-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 6. Appeal of Agency Determination to Issue or Deny Permit › 13-15-6-1. Objections; Request for Adjudicatory Hearing

Sec. 1. (a) Not later than fifteen (15) days after being served the notice provided by the commissioner under IC 13-15-5-3:
(1) the permit applicant; or
(2) any other person aggrieved by the commissioner's action;
may appeal the commissioner's action to the office of environmental adjudication and request that an environmental law judge hold an adjudicatory hearing concerning the action under IC 4-21.5-3 and IC 4-21.5-7.
(b) Notwithstanding subsection (a) and IC 4-21.5-3-7(a)(3), a person may file an appeal of the commissioner's action in issuing an initial permit under the operating permit program under 42 U.S.C. 7661 through 7661f not later than thirty (30) days after the date the person received the notice provided under IC 13-15-5-3, for a permit issued after April 30, 1999.
[Pre-1996 Recodification Citation: 13-7-10-2.5(c).]
As added by P.L.1-1996, SEC.5. Amended by P.L.25-1997, SEC.5; P.L.90-1998, SEC.13; P.L.224-1999, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 6. Appeal of Agency Determination to Issue or Deny Permit › 13-15-6-2. Contents of Request

Sec. 2. A written request for an adjudicatory hearing under section 1 of this chapter must do the following:
(1) State the name and address of the person making the request.
(2) Identify the interest of the person making the request.
(3) Identify any persons represented by the person making the request.
(4) State with particularity the reasons for the request.
(5) State with particularity the issues proposed for consideration at the hearing.
(6) Identify the permit terms and conditions that, in the judgment of the person making the request, would be appropriate in the case in question to satisfy the requirements of the law governing permits of the type granted or denied by the commissioner's action.
[Pre-1996 Recodification Citation: 13-7-10-2.5(d).]
As added by P.L.1-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 6. Appeal of Agency Determination to Issue or Deny Permit › 13-15-6-3. Hearings

Sec. 3. (a) Not later than thirty (30) days after being served a request for an adjudicatory hearing, an environmental law judge under IC 4-21.5-7 shall, if the environmental law judge determines that:
(1) the request was properly submitted; and
(2) the request establishes a jurisdictional basis for a hearing;
assign the matter for a hearing.
(b) Upon assigning the matter for a hearing, an environmental law judge may stay the force and effect of the following:
(1) A contested permit provision.
(2) A permit term or condition the environmental law judge considers inseverable from a contested permit provision.
(c) After a final hearing under this section, a final order of an environmental law judge on a permit application is subject to review under IC 4-21.5-5.
[Pre-1996 Recodification Citation: 13-7-10-2.5(e).]
As added by P.L.1-1996, SEC.5. Amended by P.L.25-1997, SEC.6; P.L.90-1998, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 6. Appeal of Agency Determination to Issue or Deny Permit › 13-15-6-4. Final Agency Action

Sec. 4. (a) This section applies to an application for a permit or for the renewal of a permit under the operating permit program under 42 U.S.C. 7661 through 7661f.
(b) Failure of the commissioner to act on an application in accordance with the times provided in Section 503 of the federal Clean Air Act Amendments of 1990 (42 U.S.C. 7661b) or Title IV of the federal Clean Air Act Amendments of 1990 (42 U.S.C. 7651 to 7651o) shall be treated as a final agency action solely for the purposes of obtaining judicial review in state court of an action brought by:
(1) any person that participated in the public comment process; or
(2) any person entitled to judicial review of the final agency action under IC 4-21.5-5;
to require that an action be taken by the commissioner on the permit application without additional delay.
[Pre-1996 Recodification Citation: 13-7-10-2.5(g).]
As added by P.L.1-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 6. Appeal of Agency Determination to Issue or Deny Permit › 13-15-6-5. Judicial Review

Sec. 5. (a) This section applies to an application for a permit or for the renewal of a permit under the operating permit program under 42 U.S.C. 7661 through 7661f.
(b) Notwithstanding IC 4-21.5-5-5, a person may file a petition for judicial review of final agency action on an application for a permit, a permit renewal, or a permit revision more than thirty (30) days after the person is served notice of the final agency action if the following conditions exist:
(1) The petition is based on new grounds that arise more than thirty (30) days after the person is served the notice.
(2) The petition is filed not more than thirty (30) days after the new grounds arise.
(3) The new grounds:
(A) are based on new information that was not available during the review period; and
(B) could not by due diligence have been discovered and produced within the time required for the proceedings under this section.
[Pre-1996 Recodification Citation: 13-7-10-2.5(h).]
As added by P.L.1-1996, SEC.5. Amended by P.L.90-1998, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 6. Appeal of Agency Determination to Issue or Deny Permit › 13-15-6-6. Applicability of Judicial Review to Revision or Modification of Permit

Sec. 6. The board may adopt rules under IC 4-22-2 to provide that the opportunity for judicial review allowed under section 4 or 5 of this chapter applies to the revision or modification of a permit or license under the operating permit program under 42 U.S.C. 7661 through 7661f.
[Pre-1996 Recodification Citation: 13-7-10-2(h).]
As added by P.L.1-1996, SEC.5. Amended by P.L.113-2014, SEC.65.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 6. Appeal of Agency Determination to Issue or Deny Permit › 13-15-6-7. Computation of Time

Sec. 7. (a) In computing a period of time under this chapter, the day of the act, event, or default from which the designated period of time begins to run is not included. The last day of the computed period is to be included unless it is a:
(1) Saturday;
(2) Sunday;
(3) legal holiday under a state statute; or
(4) day that the office in which the act is to be done is closed during regular business hours.
(b) A period runs until the end of the next day after a day described in subsections (a)(1) through (a)(4).
(c) A period of time under this chapter that commences when a person is served with a paper commences with respect to a particular person on the earlier of the date that:
(1) the person is personally served with the notice; or
(2) a notice for the person is deposited in the United States mail.
(d) If a notice is served through the United States mail, three (3) days must be added to a period that commences upon service of that notice.
As added by P.L.90-1998, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 7. Revocation or Modification of Permits; Appeal of Revocation or Modification › 13-15-7-1. Criteria for Revocation or Modification of Permit

Sec. 1. Except as provided in sections 2 and 4 of this chapter, the commissioner or a designated staff member may revoke or modify a permit granted by the department under environmental management laws or IC 13-7 (before its repeal) for any of the following causes:
(1) Violation of any condition of the permit.
(2) Failure to disclose all of the relevant facts.
(3) Any misrepresentation made in obtaining the permit.
(4) Changes in circumstances relating to the permit that require either a temporary or permanent reduction in the discharge of contaminants.
(5) Any other change, situation, or activity relating to the use of a permit that, in the judgment of the department, is not consistent with the following:
(A) The purposes of this title.
(B) Rules adopted by the board or one (1) of the former boards abolished by IC 13-13-8-2.
[Pre-1996 Recodification Citation: 13-7-10-5(a).]
As added by P.L.1-1996, SEC.5. Amended by P.L.224-1999, SEC.6; P.L.14-2000, SEC.36; P.L.113-2014, SEC.66.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 7. Revocation or Modification of Permits; Appeal of Revocation or Modification › 13-15-7-2. Criteria for Revision of Operating Permit

Sec. 2. The commissioner shall reopen and revise a permit issued under the operating permit program of 42 U.S.C. 7661 through 7661f before the expiration of the permit when any of the following conditions exist:
(1) Additional federal requirements become applicable to a source whose permit allows at least three (3) more years of continued operation. However, a permit does not have to be revised if the additional requirements will not become effective until after the date the permit expires. A permit revision to address additional requirements must be completed by the commissioner not more than eighteen (18) months after the adoption of the additional requirements.
(2) Additional requirements become applicable to the permitted source under the acid rain program. Upon approval by the United States Environmental Protection Agency, an excess offset emissions plan is considered to be incorporated into the permit.
(3) The commissioner or the United States Environmental Protection Agency determines that:
(A) the permit contains a material mistake; or
(B) inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit.
(4) The commissioner or the Administrator of the United States Environmental Protection Agency determines that the permit must be revised or revoked to assure compliance with the applicable federal requirements (as defined in 40 CFR 70.2).
[Pre-1996 Recodification Citation: 13-7-10-5(b).]
As added by P.L.1-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 7. Revocation or Modification of Permits; Appeal of Revocation or Modification › 13-15-7-3. Objections and Appeal

Sec. 3. A person aggrieved by the revocation or modification of a permit may appeal the revocation or modification to the office of environmental adjudication for an administrative review under IC 4-21.5-3. Pending the decision resulting from the hearing under IC 4-21.5-3 concerning the permit revocation or modification, the permit remains in force. However, the commissioner may seek injunctive relief with regard to the activity described in the permit while the decision resulting from the hearing is pending.
[Pre-1996 Recodification Citation: 13-7-10-5(c).]
As added by P.L.1-1996, SEC.5. Amended by P.L.25-1997, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 7. Revocation or Modification of Permits; Appeal of Revocation or Modification › 13-15-7-4. Changes Not Requiring Permit Revision

Sec. 4. (a) This section applies to a facility that:
(1) has been issued an operating permit by the board; or
(2) is operating without a permit but has made a timely and complete application for a permit under IC 13-17-8-10.
(b) The board shall adopt rules under IC 4-22-2 and IC 13-14-9 as part of the operating permit program established under 42 U.S.C. 7661 through 7661f providing that a facility may make changes without a permit revision if the following conditions exist:
(1) The changes are not modifications under any provision of Title I of the federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended by the federal Clean Air Act Amendments of 1990 (P.L.101-549).
(2) The changes do not exceed emissions:
(A) expressed as a rate of emissions; or
(B) expressed as total emissions;
allowable under the permit.
(3) The facility provides the commissioner with written notification at least seven (7) days before the proposed changes are made. However, the board may adopt rules that provide a different period for notifications that involve emergency situations.
[Pre-1996 Recodification Citation: 13-7-10-5(d).]
As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.103.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 8. Notice by Applicants for Permits for Undeveloped Land and Property Without a Permit › 13-15-8-1. Applicability of Chapter

Sec. 1. (a) This chapter applies to an application for a permit issued under IC 13-15-1 upon property:
(1) that is undeveloped; or
(2) for which a valid existing permit has not been issued.
(b) This chapter does not apply to an application for a permit issued under IC 13-15-1 if the permit is for the construction, installation, or modification of any of the following:
(1) A combined sewer.
(2) A sanitary sewer.
(3) A storm sewer.
(4) A public water system.
(5) A water main extension.
[Pre-1996 Recodification Citation: 13-7-10-1.1(a).]
As added by P.L.1-1996, SEC.5. Amended by P.L.184-2002, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 8. Notice by Applicants for Permits for Undeveloped Land and Property Without a Permit › 13-15-8-2. Period for Notice

Sec. 2. Not more than ten (10) working days after submitting an application for a permit issued under IC 13-15-1 or IC 13-7-10.1-1 (before its repeal), the person that submitted the application for the permit shall make a reasonable effort to provide notice:
(1) to all owners of land that adjoins the land that is the subject of the permit application; or
(2) if the owner of land that adjoins the land that is the subject of the permit application does not occupy the land, to all occupants of the land;
that the person has submitted the application for the permit.
[Pre-1996 Recodification Citation: 13-7-10-1.1(b).]
As added by P.L.1-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 8. Notice by Applicants for Permits for Undeveloped Land and Property Without a Permit › 13-15-8-3. Contents of Notice

Sec. 3. The notice provided by a person under section 2 of this chapter must:
(1) be in writing;
(2) include the date on which the application for the permit was submitted to the department; and
(3) include a brief description of the subject of the application.
[Pre-1996 Recodification Citation: 13-7-10-1.1(c).]
As added by P.L.1-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 8. Notice by Applicants for Permits for Undeveloped Land and Property Without a Permit › 13-15-8-4. Costs

Sec. 4. A person that submits an application for a permit under IC 13-15-1 shall pay the costs of complying with this chapter.
[Pre-1996 Recodification Citation: 13-7-10-1.1(d).]
As added by P.L.1-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 9. Nuclear Facility Permits › 13-15-9-1. Construction of Facility Without Permit Prohibited

Sec. 1. A person may not:
(1) construct or operate a nuclear powered generating facility or nuclear fuel reprocessing plant; or
(2) increase the capacity of such an existing facility;
without a permit from the department.
[Pre-1996 Recodification Citation: 13-7-9-1(a).]
As added by P.L.1-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 9. Nuclear Facility Permits › 13-15-9-2. Rules

Sec. 2. (a) The board may adopt rules under IC 4-22-2 and IC 13-14-9 establishing:
(1) conditions for the issuance of a permit under this chapter; and
(2) requirements for the operation of nuclear facilities.
(b) Rules adopted by the board may relate to:
(1) air pollution from nuclear facilities;
(2) water pollution from nuclear facilities; or
(3) other environmental problems associated with nuclear facilities.
[Pre-1996 Recodification Citation: 13-7-9-1(b).]
As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.104.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 9. Nuclear Facility Permits › 13-15-9-3. Environmental Feasibility Report

Sec. 3. A person proposing to construct:
(1) a nuclear powered generating facility; or
(2) a nuclear fuel reprocessing plant;
shall file with the board an environmental feasibility report, on a form prescribed by the board, concurrently with the filing of the preliminary safety analysis required to be filed with the United States Atomic Energy Commission.
[Pre-1996 Recodification Citation: 13-7-9-2.]
As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.105.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 9. Nuclear Facility Permits › 13-15-9-4. Public Hearing

Sec. 4. (a) The commissioner, on behalf of the board, may conduct a public hearing at a time and place to be determined by the department on the environmental effects of the proposed operation.
(b) A person affected by the proposed construction may participate in the hearing to the extent and in the manner that the board prescribes.
[Pre-1996 Recodification Citation: 13-7-9-3.]
As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.106.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 9. Nuclear Facility Permits › 13-15-9-5. Rules and Standards to Protect Against Radiation

Sec. 5. (a) The board shall adopt rules and standards under section 2 of this chapter to protect the citizens of Indiana from the hazards of radiation.
(b) Each permit required under this chapter according to rules adopted by the board must specify the maximum allowable level of radioactive discharge.
(c) Each permit issued must include a requirement for:
(1) appropriate procedures of monitoring any discharge; and
(2) a report of each discharge to the department.
[Pre-1996 Recodification Citation: 13-7-9-4.]
As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.107.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 10. Solid Waste Permit Certification Requirements and Programs; Waste Facility Operator Trust Fund › 13-15-10-1. Training and Certification Program

Sec. 1. The board shall adopt rules to establish a department operated training and certification program for the following:
(1) Operators of solid waste incinerators and waste to energy facilities.
(2) Operators of land disposal sites.
(3) Operators of facilities described under IC 13-15-1-3 whose operation could have an adverse impact on the environment if not operated properly.
[Pre-1996 Recodification Citation: 13-7-10-1.2(a).]
As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.108.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 10. Solid Waste Permit Certification Requirements and Programs; Waste Facility Operator Trust Fund › 13-15-10-2. Necessity for Certification

Sec. 2. A person may not obtain or renew a permit for a facility listed in section 1 of this chapter unless the facility is operated by an individual who is certified under this chapter.
[Pre-1996 Recodification Citation: 13-7-10-1.2(b).]
As added by P.L.1-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 10. Solid Waste Permit Certification Requirements and Programs; Waste Facility Operator Trust Fund › 13-15-10-3. Establishment of Trust Fund; Expenses

Sec. 3. (a) The waste facility operator trust fund is established. The department shall deposit fees collected under this chapter in the fund.
(b) Money in the fund shall be used for paying the expenses of the training and certification program described in this chapter.
[Pre-1996 Recodification Citation: 13-7-10-1.2(c), (d).]
As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.109; P.L.250-2019, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 10. Solid Waste Permit Certification Requirements and Programs; Waste Facility Operator Trust Fund › 13-15-10-4. Rules

Sec. 4. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter. The rules must include the following:
(1) Requirements for certification that consider any training that is required by state rule or federal regulation.
(2) Mandatory testing and retraining.
(3) Recognition of training programs that the board approves to serve as a training program that this chapter requires. A recognized training program may be offered by an employer or by any other provider.
(4) Recognition of an interim period for which existing facility operators must obtain certification.
[Pre-1996 Recodification Citation: 13-7-10-1.2(e).]
As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.110.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 10. Solid Waste Permit Certification Requirements and Programs; Waste Facility Operator Trust Fund › 13-15-10-5. Fees

Sec. 5. (a) The board shall establish by rule and cause to be collected fees for the following:
(1) Examination of applicants for certification.
(2) Issuance, renewal, or transfer of a certificate.
(3) Restoration of an expired certificate when that action is authorized by law.
(4) Issuance of certificates by reciprocity or endorsement for out-of-state applicants.
(5) Issuance of board or committee reciprocity or endorsements for resident practitioners who apply to another state for a certificate.
(b) A fee may not be less than fifty dollars ($50) unless the fee is collected under a rule adopted by the board that sets a fee for miscellaneous expenses incurred by the department on behalf of operators regulated under rules adopted by the board. The fees may not be less than are required to pay all of the costs, both direct and indirect, of the operation of the department under this chapter, and are payable to the department in accordance with section 6 of this chapter.
(c) A fee may not be charged to an operator employed by a solid waste facility that is wholly owned and operated by a unit of local government.
[Pre-1996 Recodification Citation: 13-7-10-1.2(f).]
As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.111; P.L.250-2019, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 10. Solid Waste Permit Certification Requirements and Programs; Waste Facility Operator Trust Fund › 13-15-10-6. Method of Payment of Fees; Refunds

Sec. 6. (a) For the payment of fees under this chapter, the department shall accept any of the following:
(1) Cash.
(2) A draft.
(3) A money order.
(4) A cashier's, certified, or personal check.
(5) An electronic fund transfer, if the department makes payment by this means available.
(b) If:
(1) the department receives an uncertified personal check for the payment of a fee; and
(2) the check does not clear the bank;
the department may void the license, registration, or certificate for which the check was received.
(c) Unless designated by rule, a fee is not refundable or transferable.
[Pre-1996 Recodification Citation: 13-7-10-1.2(g).]
As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.112; P.L.250-2019, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 11. Environmental Management Permit Operation Fund › 13-15-11-1. Environmental Management Permit Operation Fund

Sec. 1. (a) The environmental management permit operation fund is established for the purpose of providing money for permitting and directly associated activities of the following programs of the department and the board:
(1) The National Pollutant Discharge Elimination System program.
(2) The solid waste program.
(3) The hazardous waste program.
(4) The safe drinking water program.
(b) Money in the fund may be used only to pay the direct and indirect reasonable costs of the activities referred to in subsection (a), including the following:
(1) The preparation of rules and guidance regarding implementation and enforcement of the programs listed in subsection (a)(1) through (a)(4).
(2) The review of and action on:
(A) permit applications;
(B) permit modifications;
(C) permit renewals; and
(D) permit revocations;
under the programs listed in subsection (a)(1) through (a)(4).
(3) Implementing and enforcing the terms of a permit granted under any of the programs listed in subsection (a)(1) through (a)(4), except for court costs of enforcement actions.
(4) General administrative costs of operating the programs listed in subsection (a)(1) through (a)(4).
[Pre-1996 Recodification Citation: 13-7-16-6.5(a) part.]
As added by P.L.1-1996, SEC.5. Amended by P.L.224-2003, SEC.132; P.L.133-2012, SEC.113; P.L.250-2019, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 11. Environmental Management Permit Operation Fund › 13-15-11-2. Administration of Fund; Use to Pay Costs of Permit Programs

Sec. 2. (a) The department shall administer the fund. Revenue that accrues to the fund is continuously appropriated to the department for the purpose set forth in subsection (c).
(b) Expenses of administering the fund shall be paid from money in the fund.
(c) Money in the fund may be used only to pay the costs incurred by the department in operating the permit programs conducted under:
(1) IC 13-18-10;
(2) IC 13-18-20;
(3) IC 13-18-20.5;
(4) IC 13-20-21; and
(5) IC 13-22-12.
[Pre-1996 Recodification Citation: 13-7-16-6.5(a) part, (b) part.]
As added by P.L.1-1996, SEC.5. Amended by P.L.250-2019, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 11. Environmental Management Permit Operation Fund › 13-15-11-3. Source of Money for Fund

Sec. 3. The sources of money for the fund are the following:
(1) The fees and delinquent charges collected under the following:
(A) IC 13-18-10.
(B) IC 13-18-20.
(C) IC 13-18-20.5.
(D) IC 13-20-21.
(E) IC 13-22-12.
(2) Appropriations from the general assembly.
[Pre-1996 Recodification Citation: 13-7-16-6.5(b) part.]
As added by P.L.1-1996, SEC.5. Amended by P.L.224-2003, SEC.133; P.L.250-2019, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 11. Environmental Management Permit Operation Fund › 13-15-11-4. Investment of Fund

Sec. 4. (a) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(b) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
[Pre-1996 Recodification Citation: 13-7-16-6.5(c), (d).]
As added by P.L.1-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 11. Environmental Management Permit Operation Fund › 13-15-11-5. Repealed

[Pre-1996 Recodification Citation: 13-7-16-6.5(e).]
As added by P.L.1-1996, SEC.5. Amended by P.L.53-2014, SEC.121. Repealed by P.L.130-2018, SEC.60.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 11. Environmental Management Permit Operation Fund › 13-15-11-6. Publication of Fund Distribution Information

Sec. 6. Before September 1 of each even-numbered year, the department shall publish on the department's Internet web site:
(1) the department's proposed distribution of funds among the programs referred to in section 1 of this chapter for the current state fiscal year;
(2) the department's rationale for the proposed distribution;
(3) any difference between:
(A) the proposed distribution; and
(B) the distribution made by the department in the immediately preceding state fiscal year; and
(4) the results of an independent audit of the correlation between:
(A) the distribution made by the department with respect to; and
(B) the department's actual expenses related to;
each program referred to in section 1 of this chapter in the immediately preceding state fiscal year.
As added by P.L.184-2002, SEC.12. Amended by P.L.53-2014, SEC.122; P.L.130-2018, SEC.61.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 12. Repealed

[Pre-1996 Recodification Citations:
13-15-12-1formerly 13-7-10.1-12(a)13-15-12-2formerly 13-7-10.1-12(b).]
Repealed by P.L.130-2018, SEC.62.
2023 Indiana Code › Title 13. Environment › Article 16. Fees Generally › Chapter 1. General Provisions Regarding Establishment of Fees › 13-16-1-1. Applicability of Chapter

Sec. 1. This chapter applies to all fees established under this title.
[1996 Recodification Citations: New.]
As added by P.L.1-1996, SEC.6. Amended by P.L.133-2012, SEC.114; P.L.250-2019, SEC.14.