Section 329 IAC 3.1-13-18 - Preapplication public meeting and noticeAuthority: IC 13-14-8; IC 13-22-2-4
Affected: IC 13-22-2; 40 CFR 124.31
Sec. 18.
(a) This section applies to the following:(1) All RCRA Part B applications seeking initial permits for hazardous waste management units over which the department has permit issuance authority.(2) RCRA Part B applications seeking renewal of permits for such units, where the renewal application is proposing a significant change in facility operations.(3) Hazardous waste management facilities for which facility owners or operators are seeking coverage under a RCRA standardized permit under 40 CFR 270, Subpart J, including renewal of a standardized permit for such units, where the renewal is proposing a: (A) significant change in facility operations;(B) change that is not specifically identified in 40 CFR 270.42; or(C) change that amends any terms or conditions in the supplemental portion of the standardized permit.(b) This section does not apply to the following:(1) Class 1 and 2 permit modifications under 40 CFR 270.42.(2) Applications that are submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.(c) As used in this section, "significant change" means any change that would qualify as a Class 3 permit modification under 40 CFR 270.42.(d) Prior to the submission of a Part B RCRA permit application for a facility or the submission of a written notice of intent to be covered by a RCRA standardized permit under 40 CFR 270, Subpart J, the applicant shall: (1) hold at least one (1) meeting with the public in order to solicit questions and comments from the community and interested parties and inform the community and interested parties of proposed hazardous waste management activities; and(2) post a sign-in sheet or otherwise provide a voluntary opportunity for attendees and interested parties to provide their names and addresses.(e) The applicant shall submit the following to the department as a part of the Part B application in accordance with 40 CFR 270.14(b) or with the written notice of intent to be covered by a RCRA standardized permit under 40 CFR 270, Subpart J: (1) A summary of the meeting.(2) The list of attendees and their addresses developed under subsection (d).(3) Copies of any written comments or materials submitted at the meeting.(f) The applicant shall provide public notice of the preapplication meeting at least thirty (30) days prior to the meeting. The applicant shall maintain, and provide to the department upon request, documentation of the public notice required under subsection (g).(g) The applicant shall provide public notice in all of the following forms: (1) A newspaper advertisement. The applicant shall publish a notice, fulfilling the requirements in subsection (h), in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the commissioner shall instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, where the commissioner determines that such publication is necessary to inform the affected public. The notice must be published as a display advertisement.(2) A visible and accessible sign. The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in subsection (h). If the applicant places the sign on the facility property, then the sign must be large enough to be readable from the nearest point where the public would pass by the site.(3) A broadcast media announcement. The applicant shall broadcast a notice, fulfilling the requirements in subsection (h), at least once on at least one (1) local radio station or television station. The applicant may employ another medium with prior approval of the commissioner.(4) A notice to the department. The applicant shall send a copy of the newspaper notice to the department and to the appropriate units of state and local government, in accordance with section 10(c)(1)(F) of this rule.(h) The notices required under subsection (g) must include the following:(1) The date, time, and location of the meeting.(2) A brief description of the purpose of the meeting.(3) A brief description of the facility and proposed operations, including the address or a map, for example, a sketched or copied street map, of the facility location.(4) A statement encouraging people to contact the applicant at least seventy-two (72) hours before the meeting if they need special access to participate in the meeting.(5) The name, address, and telephone number of a contact person for the applicant.Solid Waste Management Board; 329 IAC 3.1-13-18; filed Jan 9, 1997, 4:00 p.m.: 20 IR 1114; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Jul 31, 2009, 8:35 a.m.: 20090826-IR-329080212FRA