Authority: IC 13-14-8-7; IC 13-15-1-2; IC 13-15-2-1; IC 13-15-7-1; IC 13-18-3-1; IC 13-18-12-4

Affected: IC 13-11-2-77; IC 13-15-7; IC 13-30-10; IC 36-9-30-35

Sec. 1. (a) Permit applications under this article must be submitted on forms and in a format prescribed by the commissioner and include applicable accompanying documentation as described on the forms.

(b) A permit application must be submitted at least one hundred eighty (180) days prior to the proposed commencement of the operation.

(c) A permit application for renewal of an existing permit must be:

1. (1) postmarked;
2. (2) hand delivered to the office of land quality, Indiana department of environmental management; or
3. (3) deposited with a private carrier as shown by the receipt issued by the carrier, if the application is sent by the private carrier to the address for the department on the application;

at least one hundred eighty (180) days prior to the expiration of the existing permit or the permit will be invalid upon expiration.

(d) A permit may be renewed with new or modified conditions based on the information provided in the renewal application.

(e) The commissioner may:

1. (1) deny a permit application or a renewal application; or
2. (2) place additional conditions on a permit or renewal permit;

if the commissioner determines that one (1) or more of the criteria in subsection (f) demonstrate the applicant's inability or unwillingness to manage biosolid, industrial waste product, or pollutant-bearing water under the requirements of this article.

(f) The commissioner may deny or place additional conditions on a permit or renewal permit based on one (1) or more of the following:

1. (1) The applicant has been convicted of a crime under IC 13-30-10 or IC 36-9-30-35.

2. (2) The commissioner, under IC 13-15-7, has revoked the applicant's previous permit to operate under:

   1. (A) this article; or
   2. (B) 327 IAC 6, which was repealed in 1998.
3. (3) The applicant has a history of one (1) or more violations of IC 13 or rules promulgated by authority of IC 13.
4. (4) The applicant was the subject of one (1) or more administrative or judicial enforcement actions concerning land application under this article or 327 IAC 6, which was repealed in 1998.
5. (5) The applicant is the subject of one (1) or more pending administrative or judicial enforcement actions commended under authority of IC 13.

(g) The application for a permit or the issuance of a permit does not:

1. (1) convey any property rights of any sort or any exclusive privileges to the applicant or permittee;

2. (2) authorize:

   1. (A) any injury to any person or private property;
   2. (B) invasion of other property rights; or
   3. (C) any infringement of federal, state, or local laws or regulations; or
3. (3) preempt any duty to comply with other federal, state, or local requirements.

(h) Proposals for equivalent methods for meeting requirements may be submitted for approval to the commissioner with the permit application for the following:

1. (1) Site restrictions in 327 IAC 6.1-4-6 and 327 IAC 6.1-7-5.
2. (2) The storage requirement in 327 IAC 6.1-4-8(a) and 327 IAC 6.1-7-9(a).
3. (3) Loading rates in 327 IAC 6.1-4-10 and 327 IAC 6.1-7-10(a)(1) through 327 IAC 6.1-7- 10(a)(3).
4. (4) Vector attraction reduction requirements in 327 IAC 6.1-4-15.
5. (5) Monitoring and analysis requirements in 327 IAC 6.1-4-16 and 327 IAC 6.1-7-2 through 327 IAC 6.1-7-4.

(i) A management plan must be submitted to the commissioner with the permit application if any of the following are applicable:

1. (1) The management practice in 327 IAC 6.1-4-7(l) or 327 IAC 6.1-7-6(j).
2. (2) The stockpiling requirement in 327 IAC 6.1-4-8(e).
3. (3) Marketing and distribution in 327 IAC 6.1-5.

(Water Pollution Control Division; 327 IAC 6.1-3-1; filed May 15, 1998, 10:20 a.m.: 21 IR 3785; errata filed May 20, 1998, 1:15 p.m.: 21 IR 3939; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; filed Jul 7, 2003, 4:25 p.m.: 26 IR 3601; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA; errata filed Jul 31, 2017, 11:06 a.m.: 20170809-IR-327170349ACA; readopted filed Jun 14, 2019, 1:59 p.m.: 20190710-IR- 327190246BFA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)