CHAPTER 6. APPEAL OF AGENCY DETERMINATION TO ISSUE OR DENY PERMIT
IC 13-15-6
Chapter 6. Appeal of Agency Determination to Issue or Deny
Permit
IC 13-15-6-1
Objections; request for adjudicatory hearing
Sec. 1. (a) Not later than fifteen (15) days after being served the
notice provided by the commissioner under IC 13-15-5-3:
(1) the permit applicant; or
(2) any other person aggrieved by the commissioner's action;
may appeal the commissioner's action to the office of environmental
adjudication and request that an environmental law judge hold an
adjudicatory hearing concerning the action under IC 4-21.5-3 and
IC 4-21.5-7.
(b) Notwithstanding subsection (a) and IC 4-21.5-3-7(a)(3), a
person may file an appeal of the commissioner's action in issuing an
initial permit under the operating permit program under 42 U.S.C.
7661 through 7661f not later than thirty (30) days after the date the
person received the notice provided under IC 13-15-5-3, for a permit
issued after April 30, 1999.
As added by P.L.1-1996, SEC.5. Amended by P.L.25-1997, SEC.5;
P.L.90-1998, SEC.13; P.L.224-1999, SEC.5.
IC 13-15-6-2
Contents of request
Sec. 2. A written request for an adjudicatory hearing under section
1 of this chapter must do the following:
(1) State the name and address of the person making the
request.
(2) Identify the interest of the person making the request.
(3) Identify any persons represented by the person making the
request.
(4) State with particularity the reasons for the request.
(5) State with particularity the issues proposed for consideration
at the hearing.
(6) Identify the permit terms and conditions that, in the
judgment of the person making the request, would be
appropriate in the case in question to satisfy the requirements
of the law governing permits of the type granted or denied by
the commissioner's action.
As added by P.L.1-1996, SEC.5.
IC 13-15-6-3
Hearings
Sec. 3. (a) Not later than thirty (30) days after being served a
request for an adjudicatory hearing, an environmental law judge
under IC 4-21.5-7 shall, if the environmental law judge determines
that:
(1) the request was properly submitted; and
(2) the request establishes a jurisdictional basis for a hearing;
assign the matter for a hearing.
(b) Upon assigning the matter for a hearing, an environmental law
judge may stay the force and effect of the following:
(1) A contested permit provision.
(2) A permit term or condition the environmental law judge
considers inseverable from a contested permit provision.
(c) After a final hearing under this section, a final order of an
environmental law judge on a permit application is subject to review
under IC 4-21.5-5.
As added by P.L.1-1996, SEC.5. Amended by P.L.25-1997, SEC.6;
P.L.90-1998, SEC.14.
IC 13-15-6-4
Final agency action
Sec. 4. (a) This section applies to an application for a permit or
for the renewal of a permit under the operating permit program under
42 U.S.C. 7661 through 7661f.
(b) Failure of the commissioner to act on an application in
accordance with the times provided in Section 503 of the federal
Clean Air Act Amendments of 1990 (42 U.S.C. 7661b) or Title IV
of the federal Clean Air Act Amendments of 1990 (42 U.S.C. 7651
to 7651o) shall be treated as a final agency action solely for the
purposes of obtaining judicial review in state court of an action
brought by:
(1) any person that participated in the public comment process;
or
(2) any person entitled to judicial review of the final agency
action under IC 4-21.5-5;
to require that an action be taken by the commissioner on the permit
application without additional delay.
As added by P.L.1-1996, SEC.5.
IC 13-15-6-5
Judicial review
Sec. 5. (a) This section applies to an application for a permit or
for the renewal of a permit under the operating permit program under
42 U.S.C. 7661 through 7661f.
(b) Notwithstanding IC 4-21.5-5-5, a person may file a petition for
judicial review of final agency action on an application for a permit,
a permit renewal, or a permit revision more than thirty (30) days after
the person is served notice of the final agency action if the following
conditions exist:
(1) The petition is based on new grounds that arise more than
thirty (30) days after the person is served the notice.
(2) The petition is filed not more than thirty (30) days after the
new grounds arise.
(3) The new grounds:
(A) are based on new information that was not available
during the review period; and
(B) could not by due diligence have been discovered and
produced within the time required for the proceedings under
this section.
As added by P.L.1-1996, SEC.5. Amended by P.L.90-1998, SEC.15.
IC 13-15-6-6
Applicability of judicial review to revision or modification of
permit
Sec. 6. The air pollution control board may adopt rules under
IC 4-22-2 to provide that the opportunity for judicial review allowed
under section 4 or 5 of this chapter applies to the revision or
modification of a permit or license under the operating permit
program under 42 U.S.C. 7661 through 7661f.
As added by P.L.1-1996, SEC.5.
IC 13-15-6-7
Computation of time
Sec. 7. (a) In computing a period of time under this chapter, the
day of the act, event, or default from which the designated period of
time begins to run is not included. The last day of the computed
period is to be included unless it is a:
(1) Saturday;
(2) Sunday;
(3) legal holiday under a state statute; or
(4) day that the office in which the act is to be done is closed
during regular business hours.
(b) A period runs until the end of the next day after a day
described in subsections (a)(1) through (a)(4).
(c) A period of time under this chapter that commences when a
person is served with a paper commences with respect to a particular
person on the earlier of the date that:
(1) the person is personally served with the notice; or
(2) a notice for the person is deposited in the United States
mail.
(d) If a notice is served through the United States mail, three (3)
days must be added to a period that commences upon service of that
notice.
As added by P.L.90-1998, SEC.16.