CHAPTER 2. PERMITS FOR SOLID WASTE LANDFILLS
IC 13-20-2
Chapter 2. Permits for Solid Waste Landfills
IC 13-20-2-1
Financial statement
Sec. 1. Before an original permit for the construction or operationof a landfill may be granted, the applicant must submit a statementof financial position that meets the following requirements:
(1) The statement must have been prepared in accordance withgenerally accepted accounting principles.
(2) The statement must have been audited by an independentcertified public accountant.
(3) The accountant referred to in subdivision (2) must haveissued an unqualified opinion as to the statement.
(4) The statement must indicate that, at the end of the calendaryear or fiscal year immediately preceding the year in which thepermit would be issued, the applicant had a positive net worthof at least two hundred fifty thousand dollars ($250,000).
As added by P.L.1-1996, SEC.10.
IC 13-20-2-2
State of outstanding judgments
Sec. 2. Before an original permit for the construction or operationof a landfill may be granted, the applicant or a person authorized toact for the applicant under this section must submit a statement inwhich the applicant or authorized person swears or affirms, subjectto the penalty for perjury set forth in IC 35-44-2-1, that, to the bestof the applicant's or authorized person's knowledge, there are nounsatisfied and nonappealable judgments requiring the payment ofmoney by the applicant.
As added by P.L.1-1996, SEC.10.
IC 13-20-2-3
Financial statement by parent satisfactory for subsidiary in certaininstances
Sec. 3. If the applicant is a subsidiary corporation, the submissionof the statement of financial position of the ultimate parent satisfiesthe requirement under section 1 of this chapter if the applicant hasbeen a subsidiary of the parent for at least one (1) year before thesubmission of the statement of financial position.
As added by P.L.1-1996, SEC.10.
IC 13-20-2-4
Investigation and verification by department
Sec. 4. The department may investigate and verify the informationcontained in the statements required by this chapter.
As added by P.L.1-1996, SEC.10.
IC 13-20-2-5
Denial of permit Sec. 5. The commissioner may deny an application for an originalpermit for the construction or operation of a landfill if thecommissioner finds that:
(1) the applicant does not have a positive net worth of at leasttwo hundred fifty thousand dollars ($250,000); or
(2) there is at least one (1) unsatisfied and nonappealablejudgment requiring the payment of money by the applicant.
As added by P.L.1-1996, SEC.10.
IC 13-20-2-6
Valuation of real property
Sec. 6. For the purposes of this chapter, real property in which theapplicant has an interest must be valued at the property's fair marketvalue as determined under the assumption that the permit applicationwill not be granted.
As added by P.L.1-1996, SEC.10.
IC 13-20-2-7
Rules
Sec. 7. The solid waste management board may adopt rules underIC 4-22-2 to administer this chapter.
As added by P.L.1-1996, SEC.10.
IC 13-20-2-8
Notice of legal action
Sec. 8. If a legal action is filed that:
(1) names the department or a representative of the departmentas a party to the action; and
(2) concerns an application that has been filed with thedepartment to obtain an original permit or a permit renewal fora solid waste landfill;
the department shall notify the county executive of the county inwhich the solid waste landfill is or would be located that the legalaction has been filed.
As added by P.L.1-1996, SEC.10.
IC 13-20-2-9
Requirement resulting from inaction on construction permit
Sec. 9. (a) A person that:
(1) holds a valid construction permit that is issued under thischapter and authorizes construction for a facility that has notbeen substantially developed; and
(2) has not commenced construction within:
(A) five (5) years after the date of the permit; or
(B) another period established by rule or statute;
must apply for a new construction permit and meet the requirementsof all applicable environmental laws existing at the time the newpermit is sought.
(b) A person that:
(1) holds a valid construction permit that is issued under this
chapter and authorizes construction at an operating facility; and
(2) has not commenced construction within:
(A) five (5) years after the date of the permit; or
(B) another period established by rule or statute;
must meet the requirements of all applicable environmental lawsexisting at the time construction is substantially commenced.
(c) The periods described in subsections (a) and (b) for a personto commence construction are tolled pending either of the followingconcerning the construction permit:
(1) An administrative appeal.
(2) A judicial review.
As added by P.L.205-2007, SEC.1.
IC 13-20-2-10
Conditions requiring submission of new application for originalconstruction permit; fee inapplicable; ordinance to approve facilitylocation
Sec. 10. (a) This section applies only:
(1) in a county that does not zone under IC 36-7-4; and
(2) to a facility:
(A) that is proposed to be constructed after April 1, 2008;
(B) that is not exempt under IC 13-20-1-1 from thedemonstration of needs requirements of IC 13-20-1; and
(C) for which a permit for construction or operation isrequired under this article.
(b) If:
(1) a person submitted to the department before April 1, 2008:
(A) an application under this chapter for an originalconstruction permit for a facility;
(B) a modification of an application under this chapterpreviously submitted to the department for an originalconstruction permit for a facility; or
(C) an application under this chapter for modification of anoriginal construction permit issued by the department underthis chapter; and
(2) the department did not issue the permit or modified permitapplied for as described in subdivision (1) before April 1, 2008;
the person must submit a new application for an original constructionpermit for the facility and meet the requirements of all applicableenvironmental laws existing at the time the new permit is sought.
(c) The fee under IC 13-20-21-3 does not apply to the newapplication for an original construction permit under subsection (b).
(d) The county executive of a county in which a facility isproposed to be located must adopt an ordinance approving theproposed facility location before the department may issue anoriginal construction permit in response to:
(1) a new application for an original construction permit for thefacility under subsection (b); or
(2) an application for an original construction permit for thefacility submitted to the department after March 31, 2008.As added by P.L.114-2008, SEC.17.
IC 13-20-2-11
Zoning approval required for certain facility construction
Sec. 11. (a) This section applies only:
(1) in a county that zones under IC 36-7-4; and
(2) to a facility:
(A) for which the zoning required for the construction of thefacility was approved before April 1, 1985;
(B) for which the department issued a valid constructionpermit under this chapter before April 1, 2008; and
(C) that did not accept waste before April 1, 2008.
(b) The person that holds the permit referred to in subsection(a)(2)(B) may begin or complete construction of the facility referredto in subsection (a)(2) only if after April 1, 2008, the zoningauthority that has jurisdiction reviews and approves the:
(1) appropriateness; and
(2) legality;
of the zoning referred to in subsection (a)(2)(A) under therequirements of all applicable zoning laws existing at the time of thereview.
As added by P.L.114-2008, SEC.18.