Section 329 IAC 10-13-1 - Issuance procedures; original permitsAuthority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-11; IC 13-12; IC 13-13; IC 13-14-8; IC 13-16; IC 13-17; IC 13-19; IC 13-20; IC 13-21; IC 13-22; IC 13-23; IC 13-24; IC 13-25; IC 13-26; IC 13-27; IC 13-29; IC 13-30-2; IC 36-9-30
Sec. 1.
(a) The department shall comply with the procedural requirements of IC 13-15-3, IC 13-15-5, and IC 13-15-6 pertaining to public notice, public comment, and public hearing for an application for a permit for a solid waste land disposal facility regulated under IC 13-19-3.(b) Subject to the provision of 329 IAC 10-11-1(c), if the department determines that the permit application meets the requirements of this article, and that the solid waste land disposal facility will be constructed and operated in accordance with the requirements of this article and the applicant is otherwise in compliance with the environmental statutes of Indiana, the permit will be granted. The department may impose such conditions in a permit as may be necessary to:(1) comply with the requirements of this article, IC 13-11 through IC 13-30, and IC 36-9-30; or(2) protect the public health or the environment.(c) The notice of the granting of a permit must state that the permit will not become effective until the completion and execution of any real estate transfers necessary to vest legal title of the real estate upon which the permitted activity is to occur in the name of the owner listed on the application have been completed, executed, and such documentation necessary to evidence such transfer has been recorded and delivered to the department, or proof of the applicant's agreement regarding the leasing of this property has been submitted to the department.Solid Waste Management Board; 329 IAC 10-13-1; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1814; filed Mar 19, 1998, 11:07 a.m.: 21 IR 2757; errata filed Jun 10, 1998, 9:23 a.m.: 21 IR 3939; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3793; filed Feb 9, 2004, 4:51 p.m.: 27 IR 1806, eff Apr 1, 2004