CHAPTER 5. COMMENTS ON PERMIT ISSUANCE OR DENIAL
IC 13-15-5
Chapter 5. Comments on Permit Issuance or Denial
IC 13-15-5-1
Notice requesting comments; period for comments; hearings
Sec. 1. (a) In response to an application for an original permit ora renewal permit, the commissioner:
(1) shall, if required by IC 13-15-3-3 or other law; or
(2) may, if not required by law;
publish a notice requesting comments concerning the question ofissuance or denial of the permit.
(b) If the application is for an operating permit under 42 U.S.C.7661 through 7661f, the commissioner shall give notice to all statesthat are:
(1) contiguous to Indiana; or
(2) located not more than fifty (50) miles from a source that isa subject of the permit application.
(c) A comment period of at least thirty (30) days must followpublication of a notice under this section. During the commentperiod, interested persons may:
(1) submit written comments to the commissioner concerningthe issuance or denial of the permit; and
(2) request a public hearing concerning the issuance or denialof the permit.
(d) The commissioner, in response to a written request, may holda public hearing in the geographical area affected by the proposedpermit on the question whether to issue or deny the permit.
As added by P.L.1-1996, SEC.5.
IC 13-15-5-2
Written objection by the Environmental Protection Agency
Sec. 2. The commissioner may not issue a permit under theoperating permit program under 42 U.S.C. 7661 through 7661f if theUnited States Environmental Protection Agency makes a writtenobjection within the time allowed under applicable federal law.
As added by P.L.1-1996, SEC.5.
IC 13-15-5-3
Issuance or denial of permit; notice of action
Sec. 3. (a) Except as provided in section 2 of this chapter:
(1) after the comment period; or
(2) if a public hearing is held, after the public hearing;
the commissioner shall issue the permit or deny the permitapplication.
(b) Unless the commissioner states otherwise in writing, thecommissioner's action under this section is effective immediately.
(c) Notice of the commissioner's action shall be served upon thefollowing:
(1) The permit applicant.
(2) Each person who submitted written comments under section
1 of this chapter.
(3) Each person who requests notice of the permitdetermination.
(4) The Administrator of the United States EnvironmentalProtection Agency if service is required under the applicablefederal law.
(d) If the commissioner's action is likely to have a significantimpact upon persons who are not readily identifiable, thecommissioner may publish notice of the action on the permitapplication in a newspaper of general circulation in the countyaffected by the proposed permit.
As added by P.L.1-1996, SEC.5.