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 operation
of a landfill may be granted, the applicant must submit a statement
of financial position that meets the following requirements:
(1) The statement must have been prepared in accordance with
generally accepted accounting principles.
(2) The statement must have been audited by an independent
certified public accountant.
(3) The accountant referred to in subdivision (2) must have
issued an unqualified opinion as to the statement.
(4) The statement must indicate that, at the end of the calendar
year or fiscal year immediately preceding the year in which the
permit would be issued, the applicant had a positive net worth
of 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 operation
of a landfill may be granted, the applicant or a person authorized to
act for the applicant under this section must submit a statement in
which the applicant or authorized person swears or affirms, subject
to the penalty for perjury set forth in IC 35-44-2-1, that, to the best
of the applicant's or authorized person's knowledge, there are no
unsatisfied and nonappealable judgments requiring the payment of
money 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 certain
instances
Sec. 3. If the applicant is a subsidiary corporation, the submission
of the statement of financial position of the ultimate parent satisfies
the requirement under section 1 of this chapter if the applicant has
been a subsidiary of the parent for at least one (1) year before the
submission 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 information
contained 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 original
permit for the construction or operation of a landfill if the
commissioner finds that:
(1) the applicant does not have a positive net worth of at least
two hundred fifty thousand dollars ($250,000); or
(2) there is at least one (1) unsatisfied and nonappealable
judgment 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 the
applicant has an interest must be valued at the property's fair market
value as determined under the assumption that the permit application
will 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 under
IC 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 department
as a party to the action; and
(2) concerns an application that has been filed with the
department to obtain an original permit or a permit renewal for
a solid waste landfill;
the department shall notify the county executive of the county in
which the solid waste landfill is or would be located that the legal
action 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 this
chapter and authorizes construction for a facility that has not
been 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 requirements
of all applicable environmental laws existing at the time the new
permit 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 laws
existing at the time construction is substantially commenced.
(c) The periods described in subsections (a) and (b) for a person
to commence construction are tolled pending either of the following
concerning 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 original
construction permit; fee inapplicable; ordinance to approve facility
location
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 the
demonstration of needs requirements of IC 13-20-1; and
(C) for which a permit for construction or operation is
required under this article.
(b) If:
(1) a person submitted to the department before April 1, 2008:
(A) an application under this chapter for an original
construction permit for a facility;
(B) a modification of an application under this chapter
previously submitted to the department for an original
construction permit for a facility; or
(C) an application under this chapter for modification of an
original construction permit issued by the department under
this chapter; and
(2) the department did not issue the permit or modified permit
applied for as described in subdivision (1) before April 1, 2008;
the person must submit a new application for an original construction
permit for the facility and meet the requirements of all applicable
environmental laws existing at the time the new permit is sought.
(c) The fee under IC 13-20-21-3 does not apply to the new
application for an original construction permit under subsection (b).
(d) The county executive of a county in which a facility is
proposed to be located must adopt an ordinance approving the
proposed facility location before the department may issue an
original construction permit in response to:
(1) a new application for an original construction permit for the
facility under subsection (b); or
(2) an application for an original construction permit for the
facility 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 the
facility was approved before April 1, 1985;
(B) for which the department issued a valid construction
permit 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 referred
to in subsection (a)(2) only if after April 1, 2008, the zoning
authority that has jurisdiction reviews and approves the:
(1) appropriateness; and
(2) legality;
of the zoning referred to in subsection (a)(2)(A) under the
requirements of all applicable zoning laws existing at the time of the
review.
As added by P.L.114-2008, SEC.18.