Authority: IC 13-20-15-1

Affected: IC 13-20-15-6

Sec. 4. (a) Each applicant submitting a request for approval for an incinerator or high efficiency boiler under 329 IAC 4.1-4-1 shall submit a signed affidavit to the department agreeing to notify adjoining landowners with a notice as described in 329 IAC 10-12- 1(b) and shall thereafter comply with the public notice and public participation requirements contained in 329 IAC 10-12-1(b) through 329 IAC 10-12-1(f), as follows:

1. (1) For an incinerator or high efficiency boiler for which construction was started before August 13, 2000, the owner or operator shall comply with 329 IAC 10-12-1(b) through 329 IAC 10-12-1(f), before starting operation under this article.
2. (2) For an incinerator or high efficiency boiler for which construction is started on or after August 13, 2000, the owner or operator shall comply with 329 IAC 10-12-1(b) through 329 IAC 10-12-1(f), before beginning construction.

(b) The department shall comply with 329 IAC 10-12-1(g) through 329 IAC 10-12-1(i) as appropriate after receipt of a request for approval under this section.

(c) Failure of the applicant to comply with the requirements of this section may result in denial of the application by the commissioner.

(Solid Waste Management Division; 329 IAC 4.1-7-4; filed Jul 14, 2000, 11:09 a.m.: 23 IR 3078; filed Nov 21, 2006, 7:21 a.m.: 20061220-IR-329050219FRA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)