329 Ind. Admin. Code 11-11-6

Current through September 4, 2024

Section 329 IAC 11-11-6 - Permit revocation and modification

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

Affected: IC 4-21.5-3-7; IC 13-15-7; IC 13-30-2; IC 36-9-30

Sec. 6.

(a) The commissioner may:

(1) revoke or modify a permit issued under this article if cause exists under IC 13-15-7-1 or if the solid waste processing facility is used for purposes other than those specified in the permit; and

(2) request an updated application if necessary.

When a permit is modified, only the conditions subject to modifications are reopened and subject to review under IC 13-15-7 and

IC 4-21.5-3-7. If a permit is revoked, the entire permit is reopened and subject to revision, and if the permit is reissued, it may be for a new term.

(b) If the facility is located in an area not suitable for the operation of a solid waste processing facility as specified under this article, the commissioner shall consider this issue as a sufficient basis for denying the modification or for revoking the permit unless the permittee demonstrates to the commissioner that continued use of the facility will not pose a threat to human health or the environment.

(c) To request a change in the facility permit, the permittee shall request that the commissioner modify the permit. The permittee shall submit the requested modification and rationale for the modification. If the commissioner determines that the requested modification is consistent with the standards established in this article, the commissioner shall grant the modification. Only the conditions subject to modification are reopened. The commissioner shall give notice of the determination on the modification in accordance with IC 13-15-7 and IC 4-21.5-3-7.

329 IAC 11-11-6

Solid Waste Management Board; 329 IAC 11-11-6; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1941; readopted filed Nov 16, 2001, 4:43 p.m.: 25 IR 1131, 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 12/17/2020, 1:45 p.m.: 20210106-IR-329200631ACA