1. (a) A public hearing shall be held on the question of:

   1. (1) the issuance of an original or renewal permit for a hazardous waste disposal facility under IC 13-22-3 ; or

   2. (2) the issuance of an original permit for a solid waste disposal facility or a solid waste incinerator regulated under IC 13-20-8 ;

      as provided in subsection (b).

2. (b) A public hearing shall be held under subsection (a) upon:

   1. (1) the request of the applicant;

   2. (2) the filing of a petition requesting a public hearing that is signed by one hundred (100) adult individuals who:

      1. (A) reside in the county where the proposed or existing facility is or is to be located; or
      2. (B) own real property within one (1) mile of the site of the proposed or existing facility; or
   3. (3) the determination of the commissioner.

3. (c) The public hearing authorized by this section does not constitute an agency action under IC 4-21.5 .

   [Pre-1996 Recodification Citation: 13-7-10-2(b).]

As added by P.L.1-1996, SEC.5. Amended by P.L.135-2026, SEC.112.