IC 13-19-4
    Chapter 4. Good Character Requirements for Solid Waste andHazardous Waste Management Permits

IC 13-19-4-1
Chapter not applicable to certain transfer station and solid wastedisposal facility permits
    Sec. 1. (a) Except as provided in section 8(e) of this chapter, thischapter does not apply to:
        (1) an applicant for a transfer station permit that holds a permitfor and continuously operates; or
        (2) the transfer of a permit for a transfer station to an applicantthat holds a permit for and is operating;
a transfer station, solid waste disposal facility, or hazardous wastefacility in Indiana after December 31, 2004.
    (b) Except as provided in section 8(e) of this chapter, this chapterdoes not apply to the transfer of a permit for a solid waste disposalfacility to an applicant that holds a permit for and is operating a solidwaste disposal facility or hazardous waste facility in Indiana afterDecember 31, 2004.
As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.4.

IC 13-19-4-2
Requirement to submit permit disclosure statement or otherinformation
    Sec. 2. Before an application for the issuance, transfer, or majormodification of a permit for a solid waste processing facility, solidwaste disposal facility, or hazardous waste facility may be granted,the applicant and each person who is a responsible party with respectto the applicant must submit to the department:
        (1) a disclosure statement that:
            (A) meets the requirements set forth in section 3(a) of thischapter; and
            (B) is executed under section 3(b) of this chapter; or
        (2) all of the following information:
            (A) The information concerning legal proceedings that:
                (i) is required under Section 13 or 15(d) of the federalSecurities Exchange Act of 1934 (15 U.S.C. 78a et seq.);and
                (ii) the applicant or responsible party has reported underform 10-K.
            (B) A description of all judgments that:
                (i) have been entered against the applicant or responsibleparty in a proceeding described in section 3(a)(3) of thischapter; and
                (ii) have imposed upon the applicant or responsible partya fine or penalty described in section 3(a)(3)(A) of thischapter.
            (C) A description of all judgments of conviction enteredagainst the applicant or responsible party within five (5)

years before the date of submission of the application for theviolation of any state or federal environmental protectionlaw.
            (D) Any other related information to support the applicationrequested by the department concerning either of thefollowing:
                (i) The applicant.
                (ii) The responsible party.
As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.5;P.L.114-2008, SEC.15.

IC 13-19-4-3
Permit applicant disclosure statement; contents; oath
    Sec. 3. (a) In a disclosure statement required by section 2 of thischapter, the applicant or responsible party shall set forth thefollowing information:
        (1) The name and business address of the applicant orresponsible party.
        (2) A description of the applicant's or responsible party'sexperience in managing the type of waste that will be managedunder the permit.
        (3) A description of all civil and administrative complaintsagainst the applicant or responsible party for the violation ofany state or federal environmental protection law that:
            (A) have resulted in a fine or penalty of more than tenthousand dollars ($10,000) within five (5) years before thedate of the submission of the application; or
            (B) allege an act or omission that:
                (i) constitutes a material violation of the state or federalenvironmental protection law; and
                (ii) presented a substantial endangerment to the publichealth or the environment.
        (4) A description of all pending criminal complaints allegingthe violation of any state or federal environmental protectionlaw that have been filed against the applicant or responsibleparty within five (5) years before the date of submission of theapplication.
        (5) A description of all judgments of criminal convictionentered against the applicant or responsible party within five (5)years before the date of submission of the application for theviolation of any state or federal environmental protection law.
        (6) A description of all judgments of criminal conviction of afelony constituting a crime of moral turpitude under the laws ofany state or the United States that are entered against theapplicant or responsible party within five (5) years before thedate of submission of the application.
        (7) The location of all facilities at which the applicant orresponsible party manages the type of waste that would bemanaged under the permit to which the application refers.
    (b) A disclosure statement submitted under section 2(1) of this

chapter:
        (1) must be executed under oath or affirmation; and
        (2) is subject to the penalty for perjury under IC 35-44-2-1.
As added by P.L.1-1996, SEC.9. Amended by P.L.114-2008, SEC.16.

IC 13-19-4-4
Permit applicant disclosure statement; verification
    Sec. 4. The department may investigate and verify the informationset forth in a disclosure statement required by section 2 of thischapter.
As added by P.L.1-1996, SEC.9. Amended by P.L.2-1997, SEC.43.

IC 13-19-4-5
Denial; grounds
    Sec. 5. (a) Subject to subsection (b), the commissioner may denyan application for the issuance, transfer, or major modification of apermit for a solid waste processing facility, solid waste disposalfacility, or hazardous waste facility if the commissioner finds that:
        (1) the applicant or a responsible party has intentionallymisrepresented or concealed any material fact in a statementrequired by section 2 or 3 of this chapter;
        (2) a civil or administrative complaint described in section3(a)(3) of this chapter has been filed against the applicant or aresponsible party within five (5) years before the date ofsubmission of the application;
        (3) a criminal complaint described in section 3(a)(4) of thischapter has been filed against the applicant or a responsibleparty within five (5) years before the date of submission of theapplication;
        (4) a judgment of criminal conviction described in section3(a)(5) or 3(a)(6) of this chapter has been entered against theapplicant or a responsible party within five (5) years before thedate of submission of the application; or
        (5) the applicant or a responsible party has knowingly andrepeatedly violated any state or federal environmentalprotection laws.
    (b) The commissioner may not deny a permit under this sectionbased solely upon pending complaints disclosed under section3(a)(3)(B) or 3(a)(4) of this chapter.
As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.6.

IC 13-19-4-6
Denial; mitigating factors
    Sec. 6. Before making a determination to deny an application forthe issuance, transfer, or major modification of a permit undersection 5 of this chapter, the commissioner shall consider thefollowing mitigating factors:
        (1) The nature and details of the acts attributed to the applicantor responsible party.
        (2) With respect to:            (A) a civil or an administrative complaint referred to insection 5(a)(2) of this chapter or IC 13-7-10.2-4(a)(2)(before its repeal); or
            (B) a criminal complaint referred to in section 5(a)(3) of thischapter or IC 13-7-10.2-4(a)(3) (before its repeal);
        whether the matter has been resolved.
        (3) With respect to:
            (A) a civil or an administrative complaint referred to insection 5(a)(2) of this chapter or IC 13-7-10.2-4(a)(2)(before its repeal);
            (B) a criminal complaint referred to in section 5(a)(3) of thischapter or IC 13-7-10.2-4(a)(3) (before its repeal); or
            (C) a judgment of conviction referred to in section 5(a)(4) ofthis chapter or IC 13-7-10.2-4(a)(4);
        whether any appeal is pending.
        (4) The degree of culpability of the applicant or responsibleparty.
        (5) The applicant's or responsible party's cooperation with thestate or federal agencies involved in the investigation of theactivities involved in complaints and convictions referred to insection 5(a)(2) through 5(a)(5) of this chapter orIC 13-7-10.2-4(a)(2) through IC 13-7-10.2-4(a)(5) (before theirrepeal).
        (6) The applicant's or responsible party's dissociation from anyother persons or entities convicted of acts referred to in section5(a)(2) through 5(a)(5) of this chapter or IC 13-7-10.2-4(a)(2)through IC 13-7-10.2-4(a)(5) (before their repeal).
        (7) Prior or subsequent self-policing or internal educationprograms established by the applicant to prevent activitiesreferred to in section 5(a) of this chapter or IC 13-7-10.2-4(a)(before its repeal).
        (8) Whether the best interests of the public will be served bydenial of the permit.
        (9) Any demonstration of good citizenship by the applicant orresponsible party.
As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.7.

IC 13-19-4-7
Findings of fact
    Sec. 7. (a) In taking action under this chapter on an application forthe issuance, transfer, or major modification of a permit for a solidwaste processing facility, solid waste disposal facility, or hazardouswaste facility, the commissioner shall make separately statedfindings of fact to support the action taken.
    (b) The findings of ultimate fact must be accompanied by aconcise statement of the underlying basic facts of record to supportthe findings. However, when the commissioner denies an application,the commissioner is not required to explain the extent to which anyof the mitigating factors set forth in section 6 of this chapterinfluenced the commissioner's determination to deny the application.As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.8.

IC 13-19-4-8
Change of ownership; procedure; exemption; revocation bycommissioner
    Sec. 8. (a) This section does not apply to the transfer of ownershipof a facility from a permittee whose business derives less than fiftypercent (50%) of its gross revenue from the management of solidwaste to a prospective owner whose business derives less than fiftypercent (50%) of its gross revenue from the management of solidwaste.
    (b) If there is a prospective change of the entire ownership interestin a facility for which a permit described in IC 13-15-1-3 is required,the prospective owner, at least one hundred eighty (180) days beforethe proposed change in ownership, shall submit to the commissionera disclosure statement that:
        (1) includes the information required by section 3(a) of thischapter; and
        (2) was executed under section 3(b) of this chapter.
    (c) The commissioner:
        (1) shall review the disclosure statement submitted undersubsection (b); and
        (2) may investigate and verify the information set forth in thedisclosure statement.
    (d) If the commissioner determines that:
        (1) the information disclosed by the disclosure statementsubmitted under subsection (b); and
        (2) any investigation by the commissioner;
would require the commissioner to deny the prospective owner'spermit application if the prospective owner were applying for apermit under section 2 of this chapter, the commissioner shalldisapprove the transfer of ownership of the facility to the prospectiveowner.
    (e) If:
        (1) subsection (b) does not apply; and
        (2) there is a change of at least fifty percent (50%) ownershipcontrol of an entity that holds a permit described inIC 13-15-1-3, including an entity referred to in section 1 of thischapter (other than an entity referred to in subsection (a));
the entity must, not later than thirty (30) days after the change ofownership control is completed, submit to the department thedisclosure statement referred to in subsection (b).
    (f) The commissioner:
        (1) shall review the disclosure statement submitted undersubsection (e); and
        (2) may investigate and verify the information set forth in thedisclosure statement.
    (g) If the commissioner determines:
        (1) that:
            (A) the information disclosed by the disclosure statement

submitted under subsection (e); and
            (B) any investigation by the commissioner;
        would require the commissioner to deny an application for apermit described in IC 13-15-1-3 if the entity that submits thedisclosure statement were applying for a permit under section2 of this chapter; or
        (2) that an entity failed to submit to the department a timelydisclosure statement under subsection (e);
the commissioner shall revoke any permit described in IC 13-15-1-3held by the entity.
As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.9.

IC 13-19-4-9
Administrative procedure
    Sec. 9. IC 4-21.5 governs determinations, notice, hearings, andappeal of determinations under this chapter.
As added by P.L.1-1996, SEC.9.

IC 13-19-4-10
Rules of administration
    Sec. 10. The board may adopt rules under IC 4-22-2 to administerthis chapter.
As added by P.L.1-1996, SEC.9.