The following persons shall, as applicable, be made a party to any adjudicatory proceeding initiated pursuant to this part:

1. (1) The Director of the Division of Environmental Quality;
2. (2) In the appeal of a permitting decision, the permittee or permit applicant;
3. (3) In a proceeding following the issuance of a final permitting decision, any person who has submitted public comments on the record during the public comment period and timely filed a request for hearing with the Arkansas Pollution Control and Ecology Commission secretary;
4. (4) Any person named in and served with a notice of violation or an emergency order;
5. (5) In a proceeding following the issuance of a notice of violation, any person who has submitted public comments on the record during the public comment period and filed a timely petition for intervention with the commission secretary;
6. (6) Any person who has submitted public comment on the record and timely filed a petition to set aside a consent administrative order settling an administrative enforcement action and has been granted an adjudicatory hearing on the matter;
7. (7) Any person who files a petition for intervention that is granted; and

8. (8) In any other matter in which the commission approves review of a director’s decision, any person who files a request for hearing and the commission determines him or her to be injured in his or her:

   1. (A) Person;
   2. (B) Business; or
   3. (C) Property.