Authority: IC 13-14-2-9; IC 13-25-4-1; IC 13-25-4-2

Affected: IC 13-14-2-9

Sec. 4. (a) An application for modification or termination of a restrictive covenant must be submitted to the commissioner on forms provided by the department. To be considered complete, the following information must be included:

1. (1) A copy of the proposed modification or termination.
2. (2) An explanation of the change in condition or advancement of science and technology that permits the modification or termination.

3. (3) Third party contact information based on:

   1. (A) required approvals from the original restrictive covenant; or
   2. (B) approval required by a court action.

4. (4) A copy of written approval for the requested modification or termination from:

   1. (A) the property owner, if different than the applicant; and

   2. (B) any third party as required by:

      1. (i) the original restrictive covenant; or
      2. (ii) a court action.

(b) In accordance with IC 13-14-2-9(c), the commissioner may request additional information to make a determination on the modification or termination request.

(Solid Waste Management Division; 329 IAC 1-2-4; filed Apr 28, 2016, 3:41 p.m.: 20160525-IR-329140254FRA; readopted filed Jun 8, 2022, 11:40 a.m.: 20220706-IR-329220122BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)