IC 13-15-3
    Chapter 3. Procedure for Issuance of Permits

IC 13-15-3-1
Notice of permit applications received
    Sec. 1. (a) Whenever the department receives a permit application,the department shall send notice that the permit application has beenreceived by the department to the following:
        (1) The county executive of a county that is affected by thepermit application.
        (2) The executive of a city that is affected by the permitapplication.
        (3) The executive of a town council of a town that is affected bythe permit application.
    (b) The department may require a person who submits a permitapplication to the department to provide information on theapplication necessary for the department to implement subsection (a).
As added by P.L.1-1996, SEC.5.

IC 13-15-3-1.3
Military base permits
    Sec. 1.3. The department shall give priority to permit applicationsthat concern:
        (1) military bases; and
        (2) the destruction, reclamation, recycling, reprocessing, ordemilitarization of ordnance and other explosive materials.
As added by P.L.5-2005, SEC.3.

IC 13-15-3-2
Length of time permit may be issued; renewal
    Sec. 2. (a) A permit issued under:
        (1) this article (except IC 13-15-9);
        (2) IC 13-17-11;
        (3) IC 13-18-18; or
        (4) IC 13-20-1;
may be issued for any period determined by the department to beappropriate but not to exceed five (5) years.
    (b) Except as provided in federal law, a valid permit that has beenissued under this chapter that concerns an activity of a continuingnature may be renewed for a period of not more than ten (10) yearsas determined by the department. The board shall adopt rulesimplementing this subsection.
    (c) The commissioner may delegate authority to issue or denypermits to a designated staff member.
As added by P.L.1-1996, SEC.5. Amended by P.L.123-1996, SEC.12;P.L.128-1996, SEC.1.

IC 13-15-3-3
Hearings
    Sec. 3. (a) A public hearing shall be held on the question of:        (1) the issuance of an original or renewal permit for a hazardouswaste disposal facility under IC 13-22-3; or
        (2) the issuance of an original permit for a solid waste disposalfacility or a solid waste incinerator regulated under IC 13-20-8;
as provided in subsection (b).
    (b) A public hearing shall be held under subsection (a) upon:
        (1) the request of the applicant;
        (2) the filing of a petition requesting a public hearing that issigned by one hundred (100) adult individuals who:
            (A) reside in the county where the proposed or existingfacility is or is to be located; or
            (B) own real property within one (1) mile of the site of theproposed or existing facility; or
        (3) the motion of the commissioner.
    (c) The public hearing authorized by this section does notconstitute an agency action under IC 4-21.5.
As added by P.L.1-1996, SEC.5.

IC 13-15-3-4
Location of hearings
    Sec. 4. If the petition under section 3(b)(2) of this chapter requeststhat the public hearing be conducted at a location within a countyaffected by a proposed permit, the department shall conduct thepublic hearing at that location.
As added by P.L.1-1996, SEC.5.

IC 13-15-3-5
Department may issue certain permits only after staff action; localapproval
    Sec. 5. (a) Whenever a permit is required by any rule of one (1)of the boards under IC 13-15-1 for the construction, installation,operation, or modification of any facility, equipment, or device, thepermit may be issued only after the department staff has:
        (1) approved the plans and specifications; and
        (2) determined that the facility, equipment, or device meets therequirement of the rule.
    (b) Notwithstanding subsection (a) and subject to subsection (c),a person to whom a permit has been issued may not start theconstruction, installation, operation, or modification of a facility,equipment, or a device until the person has obtained any approvalrequired by any:
        (1) county;
        (2) city; or
        (3) town;
in which the facility, equipment, or device is located.
    (c) Subsection (b) applies only to an approval required in anapplicable ordinance, rule, or regulation in effect at the time theperson submits the permit application to the issuing state agency.
As added by P.L.1-1996, SEC.5. Amended by P.L.78-2009, SEC.12.
IC 13-15-3-6
Activity of continuing nature; expiration of existing permit;renewal of hazardous waste disposal facility permit
    Sec. 6. (a) When a person holding a valid permit concerning anactivity of a continuing nature has made a timely and sufficientapplication for a renewal or a new permit in accordance with rules ofone (1) of the boards, the existing permit does not expire until a finaldetermination on the application has been made by the department.However, the commissioner may seek injunctive relief with regardto the continuing activity of the permit applicant while the permitapplication is pending if the continuing activity of the permitapplicant constitutes a threat to the public health, safety, or welfare.
    (b) An application for renewal of a hazardous waste disposalfacility operating permit under IC 13-22-3 must be submitted at leastone hundred eighty (180) days before the expiration of the facility'scurrent permit to be considered timely under this section.
As added by P.L.1-1996, SEC.5.