Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 9 - Application Procedure for All Solid Waste Processing Facilities › Section 9-2 - New permit application and major modification application

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1; IC
				  13-19-4-10
Affected: IC 4-21.5-3-4; IC 4-21.5-3-5; IC 13-20-1; IC
				  13-20-21; IC 13-30-2; IC 36-7-4; IC 36-9-30
Sec. 2.
(a) A
				complete application for a solid waste processing facility permit must consist
				of the following information submitted to the commissioner in a format
				specified by the department on forms provided by the department:
(1) The name and address of the applicant or
				applicants.
(2) The name and
				address of the property owner or owners.
(3) The name, address, and location of the
				facility.
(4) The legal description
				as defined in
				329 IAC
				11-2-20 for the following:
(A) The area for which ownership will be
				established as required in subdivision (10).
(B) The area upon which the facility is
				located.
(C) Sufficient
				documentation must be provided to verify that the facility is located on
				property owned or leased by the permittee. Documentation must include a map of
				the legal description for these areas certified by a registered land
				surveyor.
(5) Facility
				information, including the following:
(A) A
				description of the type of operation.
(B) The planned life of the facility in
				years.
(C) The expected volume of
				waste to be received in cubic yards per day and tons per day.
(D) The type of waste to be
				received.
(6) Signatures
				and certification statements in compliance with section 3 of this
				rule.
(7) Detailed plans and design
				specifications as required by the following:
(A) This section.
(B)329 IAC 11-12.
(C)329 IAC 11-17.
(D)329 IAC 11-18.
(8) Closure plan and post-closure plan under
				329 IAC 11-16.
(9) Closure
				financial responsibility under 329 IAC 11-16, a description of the financial
				instrument that will be used to achieve compliance with financial
				responsibility provisions and mechanisms as prescribed for solid waste land
				disposal facilities at 329 IAC 10-39. These documents need not be executed and
				delivered to the commissioner until after the:
(A) review of the technical application;
				and
(B) applicant receives notice
				of the requirement from the commissioner.
(10) Documents necessary to establish
				ownership or other tenancy of, including an option to purchase, the real estate
				upon which the facility to be permitted is located, including a certified copy
				of the deed to the subject real estate showing ownership in the person
				identified as the owner in the application, or the deed and evidence
				satisfactory to the commissioner that ownership will be transferred to the
				owner prior to operation of the facility.
(11) In order to assist the commissioner in
				identifying persons entitled to notice in accordance with IC
				4-21.5-3-4
				and IC
				4-21.5-3-5,
				the name and address of all owners or last taxpayers of record of property
				located within one-half (1/2) mile of the site boundaries of a proposed solid
				waste processing facility.
(12)
				Documentation from the zoning authority that proper zoning approvals have been
				obtained and one (1) or more of the following documents, as applicable:
(A) A copy of the zoning requirements, if
				any, for solid waste facilities in the area where the facility is to be
				located.
(B) The status of any
				appeals of any zoning determination and, if none pending, the date by which the
				appeal must be initiated.
(13) The names and addresses of members of
				the board of county commissioners of a county that is affected by the permit
				application.
(14) The names and
				addresses of the mayors of any cities that are affected by the permit
				application.
(15) The names and
				addresses of the presidents of town councils of any towns that are affected by
				the permit application.
(b) Two (2) paper
				copies and an electronic copy of the completed application and all supporting
				documentation must be submitted to the commissioner as follows:
(1) Sent by registered mail, certified mail,
				or private carrier or delivered in person.
(2) The electronic submission must be in the
				type and format as prescribed by the commissioner. The commissioner may make a
				determination that only an electronic copy is needed.
(3) Plans and documentation accompanying the
				application shall be submitted as required by this section.