Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1; IC 13-19-4-10

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

Sec. 1. (a) Unless excluded in 329 IAC 11-3, any person who constructs or operates a solid waste processing facility as defined under 329 IAC 11-2-43 shall have a solid waste processing facility permit under this article.

(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:

1. (1) notify the commissioner of the change within fifteen (15) days; and
2. (2) submit corrected information within a reasonable period of time.

(c) The commissioner may deny a permit application, including a renewal permit, or place additional conditions on a permit if the commissioner determines the following demonstrate the applicant's inability or unwillingness to process the solid waste under requirements of this article or a facility permit:

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 (B) 329 IAC 1.5, which was repealed in 1989; or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 (C) 329 IAC 2, which was repealed in 1996.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 not in compliance with or has a history of violations of the environmental protection acts, rules promulgated thereunder, or a permit issued thereunder.

(Solid Waste Management Division; 329 IAC 11-9-1; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1936; errata filed Apr 4, 1996, 4:00 p.m.: 19 IR 2047; readopted filed Nov 16, 2001, 4:43 p.m.: 25 IR 1126, eff Jan 1, 2002; readopted filed May 14, 2007, 1:53 p.m.: 20070523-IR-329070138BFA; filed Jun 28, 2010, 2:11 p.m.: 20100728-IR-329060070FRA; readopted filed Jun 6, 2016, 11:52 a.m.: 20160706-IR-329160144BFA; errata filed Feb 19, 2018, 10:06 a.m.: 20180228-IR-329180109ACA; readopted filed Jun 8, 2022, 11:40 a.m.: 20220706-IR-329220122BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)