Authority: IC 13-14-8; IC 13-15-1-3; IC 13-15-2; IC 13-22-2-4

Affected: IC 13-15-5-1; IC 13-22-2; IC 13-22-3

Sec. 12. (a) The commissioner shall hold a public hearing whenever required under IC 13-15-5-1 or whenever she finds, on the basis of requests, a significant degree of public interest in a draft permit, or as follows:

1. (1) The commissioner may also hold a public hearing at her discretion whenever, for instance, such a hearing might clarify one (1) or more issues involved in the permit decision.
2. (2) The commissioner shall hold a public hearing whenever she receives written notice or opposition to a draft permit and a request for a public hearing within forty-five (45) days of public notice under section 10 of this rule.
3. (3) Whenever possible, the commissioner shall schedule a public hearing under this section at a location convenient to the nearest population center to the proposed facility.
4. (4) Public notice of the public hearing shall be given as specified in section 10 of this rule.

(b) Any person may submit oral or written statements and data concerning the draft permit. Reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing may be required. The public comment period under section 10 of this rule shall automatically be extended to the close of any public hearing under this section. The hearing officer may also extend the comment period by so stating at the hearing.

(c) A tape recording or written transcript of the public hearing shall be made available to the public.

(Solid Waste Management Division; 329 IAC 3.1-13-12; filed Jan 24, 1992, 2:00 p.m.: 15 IR 945; errata filed Jan 10, 2000, 3:01 p.m.: 23 IR 1109; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)