Authority: IC 14-10-2-4; IC 14-29-1-8

Affected: IC 14

Sec. 3. (a) Following the receipt of a written notice under section 2 of this rule, the department shall inspect the site from which the sand is to be extracted and the site at which the sand is to be deposited. Within fourteen (14) days after the receipt of the written notice, the department shall inform the person seeking the general authorization whether:

1. (1) the person may proceed;
2. (2) the person must comply with additional conditions in order to act under this rule, which general conditions may include successful completion of testing criteria; or
3. (3) the person cannot act except according to a license issued under IC 14-29-1-8.

(b) In performing its review, the department shall consider whether removal, transport, or placement of the sand is likely to pose a hazard to either of the following:

1. (1) Public health or safety.
2. (2) The environment.

(c) If the department does not respond within fourteen (14) days of the receipt of a written notice, the request for the general authorization is deemed to have been approved.

(Natural Resources Commission; 312 IAC 6-6-3; filed Sep 11, 1997, 8:50 a.m.: 21 IR 371; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; readopted filed Sep 28, 2009, 11:57 a.m.: 20091021-IR-312090152RFA; readopted filed Nov 24, 2015, 4:05 p.m.: 20151223-IR-312150295RFA; readopted filed Sep 23, 2021, 9:42 a.m.: 20211020-IR-312210342RFA; readopted filed Mar 25, 2025, 9:50 a.m.: 20250423-IR-312240574RFA)