Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3

Affected: IC 13-15-7; IC 13-18; IC 13-26; IC 13-30-10; IC 36-9-30-35

Sec. 1. (a) Unless excluded by 329 IAC 10-3-1 or 329 IAC 10-3-2, and except for activities related to open dumps under 329 IAC 10-4-4, and as otherwise provided in 329 IAC 10-5, any person who disposes of solid waste shall have a solid waste land disposal facility permit prior to construction and disposal.

(b) In the event that after the permit application is submitted but prior to the issuance of the permit, there is any change that renders the information in the application incorrect, the applicant shall notify the commissioner of the change within fifteen (15) days and submit corrected information within a reasonable period of time.

(c) The commissioner may deny a permit application, including a renewal permit, or place conditions on a permit for 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;
   2. (B) 329 IAC 1.5, which was repealed in 1989; or
   3. (C) 329 IAC 2, which was repealed in 1996.
3. (3) The applicant is, at the time of the application or permit decision, not in compliance with the Environmental Protection Acts or regulations promulgated thereunder, or has a history of repeated violations of the Acts or regulations or material permit conditions that evidence an inability or unwillingness to comply with requirements of this article or a facility permit.

(Solid Waste Management Division; 329 IAC 10-11-1; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1808; errata filed Apr 4, 1996, 4:00 p.m.: 19 IR 2045; filed Mar 19, 1998, 11:07 a.m.: 21 IR 2752; errata filed Feb 19, 2018, 10:06 a.m.: 20180228-IR-329180109ACA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)