Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4

Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18-10-1; IC 13-30

Sec. 7. (a) An applicant who applies for approval under IC 13-18-10-1 to construct or expand a CFO on land for which a valid existing approval has not been issued shall make a reasonable effort to provide notice not more than ten (10) working days after submitting an application:

1. (1) to the county executive of the county in which the CFO is to be located or expanded; and

2. (2) to each owner and each occupant of land of which any part of the boundary is one-half (1/2) mile or less from the following:

   1. (A) Any part of the proposed footprint of either or both of the following to be located on the land on which the CFO is to be located:

      1. (i) A livestock or poultry production structure.
      2. (ii) A permanent manure storage facility.

   2. (B) Any part of the proposed footprint of either or both of the following to be located on the land on which the CFO is to be expanded:

      1. (i) A livestock or poultry production structure.
      2. (ii) The expanded area of a livestock or poultry production structure.

The notice must be completed on forms provided or approved by the commissioner, sent by mail, be in writing, include the date on which the application was submitted to the department, and include a brief description of the subject of the application. The notice must also include the dates comments will be accepted by the department in subsection (b). The applicant shall pay the cost of complying with this subsection. The applicant shall submit an affidavit to the department that certifies that the applicant has complied with this subsection, as well as submit a copy of the state form to the department that was sent to persons in this subsection.

(b) The department shall accept written comments for a thirty-three (33) day period following the date of mailing of the notice required under subsection (a).

(c) A public meeting on an approval application may be held at the commissioner's discretion in appropriate cases where environmental concerns relevant to applicable rules or laws are raised.

(Water Pollution Control Division; 327 IAC 19-8-7; filed Feb 6, 2012, 2:58 p.m.: 20120307-IR-327090615FRA, eff Jul 1, 2012; readopted filed Jun 6, 2018, 1:59 p.m.: 20180704-IR- 327180171BFA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)