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 or
a 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 of
issuance 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 states
that are:
(1) contiguous to Indiana; or
(2) located not more than fifty (50) miles from a source that is
a subject of the permit application.
(c) A comment period of at least thirty (30) days must follow
publication of a notice under this section. During the comment
period, interested persons may:
(1) submit written comments to the commissioner concerning
the issuance or denial of the permit; and
(2) request a public hearing concerning the issuance or denial
of the permit.
(d) The commissioner, in response to a written request, may hold
a public hearing in the geographical area affected by the proposed
permit 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 the
operating permit program under 42 U.S.C. 7661 through 7661f if the
United States Environmental Protection Agency makes a written
objection 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 permit
application.
(b) Unless the commissioner states otherwise in writing, the
commissioner's action under this section is effective immediately.
(c) Notice of the commissioner's action shall be served upon the
following:
(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 permit
determination.
(4) The Administrator of the United States Environmental
Protection Agency if service is required under the applicable
federal law.
(d) If the commissioner's action is likely to have a significant
impact upon persons who are not readily identifiable, the
commissioner may publish notice of the action on the permit
application in a newspaper of general circulation in the county
affected by the proposed permit.
As added by P.L.1-1996, SEC.5.