CHAPTER 4. SCHEDULES FOR DETERMINATIONS ON PERMITS
IC 13-15-4
Chapter 4. Schedules for Determinations on Permits
IC 13-15-4-1
Deadlines for acting on applications; renewals
Sec. 1. (a) Except as provided in sections 2, 3, and 6 of thischapter, the commissioner shall approve or deny an application filedwith the department after July 1, 1995, within the following numberof days:
(1) Three hundred sixty-five (365) days for an applicationconcerning the following:
(A) A new hazardous waste or solid waste landfill.
(B) A new hazardous waste or solid waste incinerator.
(C) A major modification of a solid waste landfill.
(D) A major modification of a solid waste incinerator.
(E) A new hazardous waste treatment or storage facility.
(F) A new Part B permit issued under 40 CFR 270 et seq. foran existing hazardous waste treatment or storage facility.
(G) A Class 3 modification under 40 CFR 270.42 to ahazardous waste landfill.
(2) Except as provided in IC 13-18-3-2.1, two hundred seventy(270) days for an application concerning the following:
(A) A Class 3 modification under 40 CFR 270.42 of ahazardous waste treatment or storage facility.
(B) A major new National Pollutant Discharge EliminationSystem permit.
(3) Except as provided in IC 13-18-3-2.1, one hundred eighty(180) days for an application concerning the following:
(A) A new solid waste processing or recycling facility.
(B) A minor new National Pollutant Discharge EliminationSystem individual permit.
(C) A permit concerning the land application of wastewater.
(4) Except as provided in IC 13-18-3-2.1, one hundred fifty(150) days for an application concerning a minor new NationalPollutant Discharge Elimination System general permit.
(5) One hundred twenty (120) days for an applicationconcerning a Class 2 modification under 40 CFR 270.42 to ahazardous waste facility.
(6) Ninety (90) days for an application concerning thefollowing:
(A) A minor modification to a solid waste landfill orincinerator permit.
(B) A wastewater facility or water facility constructionpermit.
(7) The amount of time provided for in rules adopted by the airpollution control board for an application concerning thefollowing:
(A) An air pollution construction permit that is subject to326 IAC 2-2 and 326 IAC 2-3.
(B) An air pollution facility construction permit (other than
as defined in 326 IAC 2-2).
(C) Registration of an air pollution facility.
(8) Sixty (60) days for an application concerning the following:
(A) A Class 1 modification under 40 CFR 270.42 requiringprior written approval, to a hazardous waste:
(i) landfill;
(ii) incinerator;
(iii) treatment facility; or
(iv) storage facility.
(B) Any other permit not specifically described in thissection for which the application fee exceeds forty-ninedollars ($49) and for which a time frame has not beenestablished under section 3 of this chapter.
(b) When a person holding a valid permit concerning an activityof a continuing nature has made a timely and sufficient applicationfor a renewal permit under the rules of one (1) of the boards, thecommissioner shall approve or deny the application on or before theexpiration date stated in the permit for which renewal is sought.
As added by P.L.1-1996, SEC.5. Amended by P.L.224-1999, SEC.4;P.L.138-2000, SEC.5; P.L.240-2003, SEC.9; P.L.78-2009, SEC.13.
IC 13-15-4-2
Public hearing; period for ruling on applications
Sec. 2. (a) This section does not apply to permit applicationsdescribed in section 1(a)(1) or 1(a)(2) of this chapter.
(b) If the department determines that a public hearing should beheld under:
(1) IC 13-15-3-3; or
(2) any other applicable rule or law;
the commissioner has thirty (30) days in addition to the number ofdays provided for in section 1 of this chapter in which to approve ordeny the application.
As added by P.L.1-1996, SEC.5. Amended by P.L.1-2007, SEC.127.
IC 13-15-4-3
Period for ruling on applications; changes
Sec. 3. (a) A board may adopt a rule under IC 4-22-2 that changesa period described under section 1 of this chapter within which thecommissioner must approve or deny an application:
(1) if:
(A) the general assembly enacts a statute;
(B) a board adopts a rule; or
(C) the federal government enacts a statute or adopts aregulation;
that imposes a new requirement concerning a class ofapplications that makes it infeasible for the commissioner toapprove or deny the application within the period;
(2) if:
(A) the general assembly enacts a statute;
(B) a board adopts a rule; or (C) the federal government enacts a statute or adopts aregulation;
that establishes a new permit program for which a period is notdescribed under section 1 of this chapter; or
(3) if some other significant factor concerning a class ofapplications makes it infeasible for the commissioner toapprove or deny the application within the period.
(b) If a board adopts an emergency rule under this section, theperiod described in section 1 of this chapter is suspended during theemergency rulemaking process.
As added by P.L.1-1996, SEC.5.
IC 13-15-4-4
Review of permit renewal
Sec. 4. An application for a permit renewal that includes amodification shall be reviewed within the period applicable to themodification.
As added by P.L.1-1996, SEC.5.
IC 13-15-4-5
Effect on hazardous waste permit modification rules
Sec. 5. Sections 1 through 4 and section 6 of this chapter do notalter the procedures and time frames set forth in the hazardous wastepermit modification rules adopted by the department, except to theextent that sections 1 through 4 and 6 of this chapter establishspecific calendar day time frames where no time frame exists underthe rules.
As added by P.L.1-1996, SEC.5.
IC 13-15-4-6
Interim permits
Sec. 6. (a) Notwithstanding the periods specified in sections 1through 4 of this chapter and this section, a person proposing toconstruct, modify, or operate any equipment, facility, or pollutioncontrol device that is demonstrated to achieve pollution control orpollution prevention in excess of applicable federal, state, or localrequirements may apply to the commissioner for an interim permit toconstruct, modify, or operate the equipment, facility, or pollutioncontrol device.
(b) The commissioner shall approve or deny the interim permitnot later than sixty (60) days after receipt of the application for aninterim permit, unless the applicant and the commissioner agree thata longer review period is necessary.
(c) The boards shall adopt rules under IC 4-22-2 to implement thissection before January 1, 1997. The rules may not allow an interimconstruction or operation permit pending a final permit determinationif an interim permit is not allowed under federal law for a federallyauthorized or delegated permit program.
(d) This section does not relieve a person from complying with:
(1) the permit requirements provided under this title; and (2) rules adopted under this title;
to the extent that this title and the rules are not inconsistent with thissection.
As added by P.L.1-1996, SEC.5.
IC 13-15-4-7
Calculation of periods
Sec. 7. (a) For purposes of calculating a period under sections 1through 6 of this chapter, the period:
(1) begins on the earlier of the date:
(A) an application and any required fee is received andstamped received by the department; or
(B) marked by the department on a certified mail returnreceipt accompanying an application and any required fee;and
(2) ends on the date a decision is issued to approve or deny theapplication under IC 4-21.5-3-4 or IC 4-21.5-3-5.
(b) If an applicant pays an application fee with a check that is notcovered with sufficient funds, a period described under sections 1through 6 of this chapter is suspended until the applicant pays thepermit application fee.
As added by P.L.1-1996, SEC.5.
IC 13-15-4-8
Extension of periods
Sec. 8. (a) The commissioner and an applicant may agree inwriting to extend any time allowed under sections 1 through 6 of thischapter for a decision to be made on an application.
(b) The commissioner and an applicant may agree in writing tohave a consultant review an application submitted to the department:
(1) to expedite the process of reviewing the application; and
(2) at the applicant's expense.
As added by P.L.1-1996, SEC.5.
IC 13-15-4-9
Denial of applications
Sec. 9. The commissioner may deny a permit application becausethe application is incomplete if:
(1) the department, not later than thirty-five (35) working daysafter receiving the application, identifies each part of theapplication that is incomplete; and
(2) the applicant has failed to submit or make a good faith effortto submit the requested information not later than sixty (60)days after receiving a written request from the department.
As added by P.L.1-1996, SEC.5.
IC 13-15-4-10
Suspension of processing of applications
Sec. 10. The commissioner may suspend the processing of anapplication, and the period described under sections 1 through 6 of
this chapter is suspended, if one (1) of the following occurs:
(1) The department determines that the application isincomplete and has mailed a notice of deficiency to theapplicant that specifies the parts of the application that:
(A) do not contain adequate information for the departmentto process the application; or
(B) are not consistent with applicable law.
The period described under sections 1 through 6 of this chaptershall be suspended during the first two (2) notices of deficiencysent to an applicant under this subdivision. If more than two (2)notices of deficiency are issued on an application, the periodmay not be suspended unless the applicant agrees in writing todefer processing of the application pending the applicant'sresponse to the notice of deficiency. A notice of deficiency mayinclude a request for the applicant to conduct tests or samplingto provide information necessary for the department to processthe application. If an applicant's response does not containcomplete information to satisfy all deficiencies described in anotice of deficiency, the department shall notify the applicantnot later than thirty (30) working days after receiving theresponse. The commissioner shall resume processing theapplication, and the period described under sections 1 through6 of this chapter resumes on the earlier of the date thedepartment receives and stamps as received the applicant'scomplete information or the date marked by the department ona certified mail return receipt accompanying the applicant'scomplete information.
(2) The commissioner receives a written request from anapplicant to:
(A) withdraw; or
(B) defer processing of;
the application for the purposes of resolving an issue related toa permit or to provide additional information concerning theapplication.
(3) The department is required by federal law or by anagreement with the United States Environmental ProtectionAgency for a federal permit program to transmit a copy of theproposed permit to the administrator of the United StatesEnvironmental Protection Agency for review and possibleobjections before the permit may be issued. The perioddescribed under sections 1 through 6 of this chapter shall besuspended from the time the department submits the proposedpermit to the administrator for review until:
(A) the department receives the administrator's concurrenceor objection to the issuance of the proposed permit; or
(B) the period established in federal law by which theadministrator is required to make objections expires withoutthe administrator having filed an objection.
(4) A board initiates emergency rulemaking underIC 4-22-2-37.1(a)(13) to revise the period described under
sections 1 through 6 of this chapter.
As added by P.L.1-1996, SEC.5. Amended by P.L.235-2005,SEC.130.
IC 13-15-4-11
Applicant's alternatives when operating pending permitapplication or pending commissioner's ruling on application
Sec. 11. (a) If an applicant is operating pursuant to a continuationof an existing permit pending determination of an application for anew or renewed permit under IC 13-15-3-6, the applicant mayproceed under this section after notifying the commissioner inwriting of its intent to do so.
(b) If the commissioner does not issue or deny a permit within thetime specified under sections 1 through 6 of this chapter, theapplicant may proceed under this section. After reaching anagreement with the commissioner or after consulting with thecommissioner for thirty (30) days and failing to reach an agreement,the applicant may choose to proceed under one (1) of the followingalternatives:
(1) The:
(A) applicant may, except as provided in section 12.1 of thischapter, request and receive a refund of a permit applicationfee paid by the applicant; and
(B) commissioner shall do the following:
(i) Continue to review the application.
(ii) Approve or deny the application as soon as practicable.
(iii) Except as provided in section 12.1 of this chapter,refund the applicant's application fee not later thantwenty-five (25) working days after the receipt of theapplicant's request.
(2) The:
(A) applicant may:
(i) except as provided in section 12.1 of this chapter,request and receive a refund of a permit application feepaid by the applicant; and
(ii) submit to the department a draft permit and anyrequired supporting technical justification for the permit;and
(B) commissioner shall do the following:
(i) Review the draft permit.
(ii) Approve, with or without revision, or deny the draftpermit in accordance with section 16 of this chapter.
(iii) Except as provided in section 12.1 of this chapter,refund the applicant's application fee not later thantwenty-five (25) working days after the receipt of theapplicant's request.
(3) The:
(A) applicant may hire an outside consultant to prepare adraft permit and any required supporting technicaljustification for the permit; and (B) commissioner shall:
(i) review the draft permit; and
(ii) approve, with or without revision, or deny the draftpermit in accordance with section 16 of this chapter.
As added by P.L.1-1996, SEC.5. Amended by P.L.184-2002, SEC.6;P.L.240-2003, SEC.10.
IC 13-15-4-12
Repealed
(Repealed by P.L.184-2002, SEC.30.)
IC 13-15-4-12.1
Applicant not entitled to refund of application fee for permitrenewal
Sec. 12.1. An applicant may not receive a refund of a permitapplication fee if the permit application concerned the renewal of apermit.
As added by P.L.240-2003, SEC.11.
IC 13-15-4-13
Repealed
(Repealed by P.L.184-2002, SEC.30.)
IC 13-15-4-14
Effect of commencement of construction or operation of equipmentor facility
Sec. 14. Except for applicants proceeding under section 11(a) ofthis chapter, an applicant may not proceed under any of the optionsdescribed in section 11(b) of this chapter if construction or operationof the equipment or facility described in the permit application hasalready begun, unless construction or operation before obtaining thepermit is authorized by a board rule or state statute.
As added by P.L.1-1996, SEC.5. Amended by P.L.184-2002, SEC.7.
IC 13-15-4-15
Consultants
Sec. 15. (a) If an applicant chooses to proceed under section11(b)(3) of this chapter, the department and the applicant shalljointly:
(1) select a consultant that has the appropriate background toreview the applicant's application; and
(2) authorize the consultant to begin work;
not later than fifteen (15) working days after the department receivesnotice that the applicant has chosen to proceed under section11(b)(3) of this chapter.
(b) The commissioner may:
(1) consult with the applicant regarding the advisability ofproceeding under this section; and
(2) document the communications.
As added by P.L.1-1996, SEC.5. Amended by P.L.184-2002, SEC.8.
IC 13-15-4-16
Draft permits
Sec. 16. (a) If an applicant chooses to proceed under section11(b)(2) or 11(b)(3) of this chapter, the applicant or a consultantshall prepare and submit to the commissioner the draft permit andany required supporting technical justification for the permit not laterthan thirty-five (35) working days after:
(1) the applicant has notified the commissioner that theapplicant has chosen to proceed under section 11(b)(2) of thischapter; or
(2) the department and the applicant have authorized aconsultant to begin work under section 11(b)(3) of this chapter.
(b) Subject to subsection (c), the commissioner shall:
(1) approve, with or without revision; or
(2) deny;
the draft permit not later than twenty-five (25) working days afterreceiving the draft permit.
(c) If notice of opportunity for public comment or public hearingis required under applicable law before a permit decision can beissued, the commissioner shall comply with all public participationrequirements and:
(1) approve, with or without revision; or
(2) deny;
the draft permit not later than fifty-five (55) working days afterreceipt of the draft permit.
(d) If the commissioner denies the draft permit, the commissionershall specify the reasons for the denial.
(e) If an applicant has elected to have a draft permit preparedunder section 11(b)(3) of this chapter and:
(1) the consultant fails to submit a draft permit and supportingtechnical justification to the commissioner; or
(2) the commissioner fails to approve or deny the draft permit;
within the applicable time specified under subsection (a), (b), or (c),the department shall refund the applicant's permit application fee notlater than twenty-five (25) working days after expiration of theapplicable period.
(f) The commissioner and the applicant may mutually agree toextend the deadlines in this section.
As added by P.L.1-1996, SEC.5. Amended by P.L.184-2002, SEC.9.
IC 13-15-4-17
Notice of applicant's alternatives before expiration of period
Sec. 17. (a) Any time before a period specified under sections 1through 6 of this chapter has expired, the commissioner may do thefollowing:
(1) Notify an applicant that the commissioner does not believethat the commissioner will be able to approve or deny a permitapplication filed with the department before the time specifiedin sections 1 through 6 of this chapter expires.
(2) Offer to the applicant and allow the applicant to accept one
(1) of the following options:
(A) The applicant may submit to the department a draftpermit and any legally required supporting technicaljustification within a period agreed to by the applicant andthe commissioner.
(B) The department may hire a qualified consultant at theapplicant's cost to:
(i) complete the review of the application; and
(ii) prepare a draft permit and any legally requiredsupporting technical justification.
(b) If the applicant submits a draft permit and supportingdocumentation on time under subsection (a)(2)(A) or elects to fundthe hiring of a consultant under subsection (a)(2)(B), thecommissioner shall issue or deny the permit within the periodspecified under sections 1 through 6 of this chapter. If thecommissioner does not make a decision within the period specified:
(1) the department shall refund to the applicant:
(A) the permit application fee paid by the applicant; and
(B) any consultant's fees paid by the applicant;
(2) if a consultant has been hired by the department and has notsubmitted a draft permit to the department, the consultant shallsubmit the draft permit and any required supporting technicaljustification to the department not later than fifteen (15)working days after the expiration of the period specified insections 1 through 6 of this chapter; and
(3) the commissioner shall approve, with or without revision, ordeny the draft permit submitted by the applicant or a consultantwithin the period specified under section 16(b) or 16(c) of thischapter.
As added by P.L.1-1996, SEC.5.
IC 13-15-4-18
Remedies not exclusive
Sec. 18. The remedies provided in this chapter are not theexclusive remedies available to a permit applicant. A permitapplicant's election of a remedy under this chapter does not precludethe permit applicant from seeking other remedies available at law orin equity.
As added by P.L.1-1996, SEC.5.
IC 13-15-4-19
List of administratively extended permits provided to theenvironmental quality service council
Sec. 19. Before July 15 of each year, the commissioner shallprovide to the environmental quality service council a list, currentthrough July 1 of the year, of National Pollutant DischargeElimination System (NPDES) permits that have beenadministratively extended that includes for each permit:
(1) the number of months that the permit has beenadministratively extended; (2) the number of months that the department has extended aperiod under section 8 of this chapter or suspended processingof a permit application under section 10 of this chapter;
(3) the type of permit according to the types identified inIC 13-18-20-2 through IC 13-18-20-11; and
(4) the dates when public notice of a draft permit was given.
As added by P.L.184-2002, SEC.10.