2016 Indiana Code TITLE 13. ENVIRONMENT ARTICLE 15. PERMITS GENERALLY CHAPTER 4. SCHEDULES FOR DETERMINATIONS ON PERMITS
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IC 13-15-4
Chapter 4. Schedules for Determinations on Permits
IC 13-15-4-1
Deadlines for acting on applications; renewals
Sec. 1. (a) Except as provided in sections 2, 3, and 6 of this
chapter, the commissioner shall approve or deny an application filed
with the department after July 1, 1995, within the following number
of days:
(1) Three hundred sixty-five (365) days for an application
concerning the following:
(A) A new hazardous waste or solid waste landfill.
(B) A new hazardous waste or solid waste incinerator.
(C) A major modification of a solid waste landfill.
(D) A major modification of a solid waste incinerator.
(E) A new hazardous waste treatment or storage facility.
(F) A new Part B permit issued under 40 CFR 270 et seq. for
an existing hazardous waste treatment or storage facility.
(G) A Class 3 modification under 40 CFR 270.42 to a
hazardous waste landfill.
(H) A new solid waste processing facility other than a
transfer station.
(2) Except as provided in IC 13-18-3-2.1, two hundred seventy
(270) days for an application concerning the following:
(A) A Class 3 modification under 40 CFR 270.42 of a
hazardous waste treatment or storage facility.
(B) A major new National Pollutant Discharge Elimination
System permit.
(C) A major modification to a solid waste processing facility
other than a transfer station.
(3) Except as provided in IC 13-18-3-2.1, one hundred eighty
(180) days for an application concerning the following:
(A) A new transfer station or a major modification to a
transfer station.
(B) A minor new National Pollutant Discharge Elimination
System individual permit.
(C) A permit concerning the land application of a material.
(D) A permit for marketing and distribution of a biosolid or
an industrial waste product.
(4) Except as provided in IC 13-18-3-2.1, one hundred fifty
(150) days for an application concerning a minor new National
Pollutant Discharge Elimination System general permit.
(5) One hundred twenty (120) days for an application
concerning a Class 2 modification under 40 CFR 270.42 to a
hazardous waste facility.
(6) Ninety (90) days for an application concerning the
following:
(A) A minor modification to a permit for the following:
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(i) A solid waste landfill.
(ii) A solid waste processing facility.
(iii) An incinerator.
(B) A wastewater facility or water facility construction
permit.
(7) The amount of time provided for in rules adopted by the
board for an application concerning the following:
(A) An air pollution construction permit that is subject to
326 IAC 2-2 and 326 IAC 2-3.
(B) An air pollution facility construction permit (other than
as defined in 326 IAC 2-2).
(C) Registration of an air pollution facility.
(8) Sixty (60) days for an application concerning the following:
(A) A Class 1 modification under 40 CFR 270.42 requiring
prior written approval, to a hazardous waste:
(i) landfill;
(ii) incinerator;
(iii) treatment facility; or
(iv) storage facility.
(B) Any other permit not specifically described in this
section for which the application fee exceeds forty-nine
dollars ($49) and for which a time frame has not been
established under section 3 of this chapter.
(b) When a person holding a valid permit concerning an activity
of a continuing nature has made a timely and sufficient application
for a renewal permit under the rules of one (1) of the boards, the
commissioner shall approve or deny the application on or before the
expiration date stated in the permit for which renewal is sought.
As added by P.L.1-1996, SEC.5. Amended by P.L.224-1999, SEC.4;
P.L.138-2000, SEC.5; P.L.240-2003, SEC.9; P.L.78-2009, SEC.13;
P.L.159-2011, SEC.20; P.L.223-2011, SEC.1; P.L.113-2014,
SEC.64.
IC 13-15-4-2
Public hearing; period for ruling on applications
Sec. 2. (a) This section does not apply to permit applications
described in section 1(a)(1) or 1(a)(2) of this chapter.
(b) If the department determines that a public hearing should be
held under:
(1) IC 13-15-3-3; or
(2) any other applicable rule or law;
the commissioner has thirty (30) days in addition to the number of
days provided for in section 1 of this chapter in which to approve or
deny the application.
As added by P.L.1-1996, SEC.5. Amended by P.L.1-2007, SEC.127.
IC 13-15-4-3
Period for ruling on applications; changes
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Sec. 3. (a) A board may adopt a rule under IC 4-22-2 that changes
a period described under section 1 of this chapter within which the
commissioner must approve or deny an application:
(1) if:
(A) the general assembly enacts a statute;
(B) a board adopts a rule; or
(C) the federal government enacts a statute or adopts a
regulation;
that imposes a new requirement concerning a class of
applications that makes it infeasible for the commissioner to
approve or deny the application within the period;
(2) if:
(A) the general assembly enacts a statute;
(B) a board adopts a rule; or
(C) the federal government enacts a statute or adopts a
regulation;
that establishes a new permit program for which a period is not
described under section 1 of this chapter; or
(3) if some other significant factor concerning a class of
applications makes it infeasible for the commissioner to
approve or deny the application within the period.
(b) A board may adopt a rule described in subsection (a) as an
emergency rule under IC 4-22-2-37.1, if:
(1) the variance procedures are included in the rule; and
(2) permits or licenses granted during the period the emergency
rule is in effect are reviewed after the emergency rule expires.
If a board adopts an emergency rule under this subsection, the period
described in section 1 of this chapter is suspended during the
emergency rulemaking process. An emergency rule adopted under
this subsection may be extended for two (2) extension periods by
adopting another emergency rule under IC 4-22-2-37.1.
IC 4-22-2-37.1(g)(3) does not apply to an emergency rule adopted
under this subsection.
As added by P.L.1-1996, SEC.5. Amended by P.L.140-2013, SEC.14.
IC 13-15-4-4
Review of permit renewal
Sec. 4. An application for a permit renewal that includes a
modification shall be reviewed within the period applicable to the
modification.
As added by P.L.1-1996, SEC.5.
IC 13-15-4-5
Effect on hazardous waste permit modification rules
Sec. 5. Sections 1 through 4 and section 6 of this chapter do not
alter the procedures and time frames set forth in the hazardous waste
permit modification rules adopted by the department, except to the
extent that sections 1 through 4 and 6 of this chapter establish
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specific calendar day time frames where no time frame exists under
the rules.
As added by P.L.1-1996, SEC.5.
IC 13-15-4-6
Interim permits
Sec. 6. (a) Notwithstanding the periods specified in sections 1
through 4 of this chapter and this section, a person proposing to
construct, modify, or operate any equipment, facility, or pollution
control device that is demonstrated to achieve pollution control or
pollution prevention in excess of applicable federal, state, or local
requirements may apply to the commissioner for an interim permit to
construct, modify, or operate the equipment, facility, or pollution
control device.
(b) The commissioner shall approve or deny the interim permit
not later than sixty (60) days after receipt of the application for an
interim permit, unless the applicant and the commissioner agree that
a longer review period is necessary.
(c) This section does not relieve a person from complying with:
(1) the permit requirements provided under this title; and
(2) rules adopted under this title;
to the extent that this title and the rules are not inconsistent with this
section.
As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012,
SEC.102.
IC 13-15-4-7
Calculation of periods
Sec. 7. (a) For purposes of calculating a period under sections 1
through 6 of this chapter, the period:
(1) begins on the earlier of the date:
(A) an application and any required fee is received and
stamped received by the department; or
(B) marked by the department on a certified mail return
receipt accompanying an application and any required fee;
and
(2) ends on the date a decision is issued to approve or deny the
application under IC 4-21.5-3-4 or IC 4-21.5-3-5.
(b) If an applicant pays an application fee with a check that is not
covered with sufficient funds, a period described under sections 1
through 6 of this chapter is suspended until the applicant pays the
permit application fee.
As added by P.L.1-1996, SEC.5.
IC 13-15-4-8
Extension of periods
Sec. 8. (a) The commissioner and an applicant may agree in
writing to extend any time allowed under sections 1 through 6 of this
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chapter for a decision to be made on an application.
(b) The commissioner and an applicant may agree in writing to
have a consultant review an application submitted to the department:
(1) to expedite the process of reviewing the application; and
(2) at the applicant's expense.
As added by P.L.1-1996, SEC.5.
IC 13-15-4-9
Denial of applications
Sec. 9. The commissioner may deny a permit application because
the application is incomplete if:
(1) the department, not later than thirty-five (35) working days
after receiving the application, identifies each part of the
application that is incomplete; and
(2) the applicant has failed to submit or make a good faith effort
to submit the requested information not later than sixty (60)
days after receiving a written request from the department.
As added by P.L.1-1996, SEC.5.
IC 13-15-4-10
Suspension of processing of applications
Sec. 10. The commissioner may suspend the processing of an
application, and the period described under sections 1 through 6 of
this chapter is suspended, if one (1) of the following occurs:
(1) The department determines that the application is
incomplete and has mailed a notice of deficiency to the
applicant that specifies the parts of the application that:
(A) do not contain adequate information for the department
to process the application; or
(B) are not consistent with applicable law.
The period described under sections 1 through 6 of this chapter
shall be suspended during the first two (2) notices of deficiency
sent to an applicant under this subdivision. If more than two (2)
notices of deficiency are issued on an application, the period
may not be suspended unless the applicant agrees in writing to
defer processing of the application pending the applicant's
response to the notice of deficiency. A notice of deficiency may
include a request for the applicant to conduct tests or sampling
to provide information necessary for the department to process
the application. If an applicant's response does not contain
complete information to satisfy all deficiencies described in a
notice of deficiency, the department shall notify the applicant
not later than thirty (30) working days after receiving the
response. The commissioner shall resume processing the
application, and the period described under sections 1 through
6 of this chapter resumes on the earlier of the date the
department receives and stamps as received the applicant's
complete information or the date marked by the department on
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a certified mail return receipt accompanying the applicant's
complete information.
(2) The commissioner receives a written request from an
applicant to:
(A) withdraw; or
(B) defer processing of;
the application for the purposes of resolving an issue related to
a permit or to provide additional information concerning the
application.
(3) The department is required by federal law or by an
agreement with the United States Environmental Protection
Agency for a federal permit program to transmit a copy of the
proposed permit to the administrator of the United States
Environmental Protection Agency for review and possible
objections before the permit may be issued. The period
described under sections 1 through 6 of this chapter shall be
suspended from the time the department submits the proposed
permit to the administrator for review until:
(A) the department receives the administrator's concurrence
or objection to the issuance of the proposed permit; or
(B) the period established in federal law by which the
administrator is required to make objections expires without
the administrator having filed an objection.
(4) A board initiates emergency rulemaking under section 3(b)
of this chapter to revise the period described under sections 1
through 6 of this chapter.
As added by P.L.1-1996, SEC.5. Amended by P.L.235-2005,
SEC.130; P.L.140-2013, SEC.15.
IC 13-15-4-11
Applicant's alternatives when operating pending permit
application or pending commissioner's ruling on application
Sec. 11. (a) If an applicant is operating pursuant to a continuation
of an existing permit pending determination of an application for a
new or renewed permit under IC 13-15-3-6, the applicant may
proceed under this section after notifying the commissioner in
writing of its intent to do so.
(b) If the commissioner does not issue or deny a permit within the
time specified under sections 1 through 6 of this chapter, the
applicant may proceed under this section. After reaching an
agreement with the commissioner or after consulting with the
commissioner for thirty (30) days and failing to reach an agreement,
the applicant may choose to proceed under one (1) of the following
alternatives:
(1) The:
(A) applicant may, except as provided in section 12.1 of this
chapter, request and receive a refund of a permit application
fee paid by the applicant; and
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(B) commissioner shall do the following:
(i) Continue to review the application.
(ii) Approve or deny the application as soon as practicable.
(iii) Except as provided in section 12.1 of this chapter,
refund the applicant's application fee not later than
twenty-five (25) working days after the receipt of the
applicant's request.
(2) The:
(A) applicant may:
(i) except as provided in section 12.1 of this chapter,
request and receive a refund of a permit application fee
paid by the applicant; and
(ii) submit to the department a draft permit and any
required supporting technical justification for the permit;
and
(B) commissioner shall do the following:
(i) Review the draft permit.
(ii) Approve, with or without revision, or deny the draft
permit in accordance with section 16 of this chapter.
(iii) Except as provided in section 12.1 of this chapter,
refund the applicant's application fee not later than
twenty-five (25) working days after the receipt of the
applicant's request.
(3) The:
(A) applicant may hire an outside consultant to prepare a
draft permit and any required supporting technical
justification for the permit; and
(B) commissioner shall:
(i) review the draft permit; and
(ii) approve, with or without revision, or deny the draft
permit in accordance with section 16 of this chapter.
As added by P.L.1-1996, SEC.5. Amended by P.L.184-2002, SEC.6;
P.L.240-2003, SEC.10.
IC 13-15-4-12
Repealed
(As added by P.L.1-1996, SEC.5. Repealed by P.L.184-2002,
SEC.30.)
IC 13-15-4-12.1
Applicant not entitled to refund of application fee for permit
renewal
Sec. 12.1. An applicant may not receive a refund of a permit
application fee if the permit application concerned the renewal of a
permit.
As added by P.L.240-2003, SEC.11.
IC 13-15-4-13
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Repealed
(As added by P.L.1-1996, SEC.5. Repealed by P.L.184-2002,
SEC.30.)
IC 13-15-4-14
Effect of commencement of construction or operation of equipment
or facility
Sec. 14. Except for applicants proceeding under section 11(a) of
this chapter, an applicant may not proceed under any of the options
described in section 11(b) of this chapter if construction or operation
of the equipment or facility described in the permit application has
already begun, unless construction or operation before obtaining the
permit is authorized by a board rule or state statute.
As added by P.L.1-1996, SEC.5. Amended by P.L.184-2002, SEC.7.
IC 13-15-4-15
Consultants
Sec. 15. (a) If an applicant chooses to proceed under section
11(b)(3) of this chapter, the department and the applicant shall
jointly:
(1) select a consultant that has the appropriate background to
review the applicant's application; and
(2) authorize the consultant to begin work;
not later than fifteen (15) working days after the department receives
notice that the applicant has chosen to proceed under section
11(b)(3) of this chapter.
(b) The commissioner may:
(1) consult with the applicant regarding the advisability of
proceeding under this section; and
(2) document the communications.
As added by P.L.1-1996, SEC.5. Amended by P.L.184-2002, SEC.8.
IC 13-15-4-16
Draft permits
Sec. 16. (a) If an applicant chooses to proceed under section
11(b)(2) or 11(b)(3) of this chapter, the applicant or a consultant
shall prepare and submit to the commissioner the draft permit and
any required supporting technical justification for the permit not later
than thirty-five (35) working days after:
(1) the applicant has notified the commissioner that the
applicant has chosen to proceed under section 11(b)(2) of this
chapter; or
(2) the department and the applicant have authorized a
consultant to begin work under section 11(b)(3) of this chapter.
(b) Subject to subsection (c), the commissioner shall:
(1) approve, with or without revision; or
(2) deny;
the draft permit not later than twenty-five (25) working days after
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receiving the draft permit.
(c) If notice of opportunity for public comment or public hearing
is required under applicable law before a permit decision can be
issued, the commissioner shall comply with all public participation
requirements and:
(1) approve, with or without revision; or
(2) deny;
the draft permit not later than fifty-five (55) working days after
receipt of the draft permit.
(d) If the commissioner denies the draft permit, the commissioner
shall specify the reasons for the denial.
(e) If an applicant has elected to have a draft permit prepared
under section 11(b)(3) of this chapter and:
(1) the consultant fails to submit a draft permit and supporting
technical justification to the commissioner; or
(2) the commissioner fails to approve or deny the draft permit;
within the applicable time specified under subsection (a), (b), or (c),
the department shall refund the applicant's permit application fee not
later than twenty-five (25) working days after expiration of the
applicable period.
(f) The commissioner and the applicant may mutually agree to
extend the deadlines in this section.
As added by P.L.1-1996, SEC.5. Amended by P.L.184-2002, SEC.9.
IC 13-15-4-17
Notice of applicant's alternatives before expiration of period
Sec. 17. (a) Any time before a period specified under sections 1
through 6 of this chapter has expired, the commissioner may do the
following:
(1) Notify an applicant that the commissioner does not believe
that the commissioner will be able to approve or deny a permit
application filed with the department before the time specified
in sections 1 through 6 of this chapter expires.
(2) Offer to the applicant and allow the applicant to accept one
(1) of the following options:
(A) The applicant may submit to the department a draft
permit and any legally required supporting technical
justification within a period agreed to by the applicant and
the commissioner.
(B) The department may hire a qualified consultant at the
applicant's cost to:
(i) complete the review of the application; and
(ii) prepare a draft permit and any legally required
supporting technical justification.
(b) If the applicant submits a draft permit and supporting
documentation on time under subsection (a)(2)(A) or elects to fund
the hiring of a consultant under subsection (a)(2)(B), the
commissioner shall issue or deny the permit within the period
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specified under sections 1 through 6 of this chapter. If the
commissioner does not make a decision within the period specified:
(1) the department shall refund to the applicant:
(A) the permit application fee paid by the applicant; and
(B) any consultant's fees paid by the applicant;
(2) if a consultant has been hired by the department and has not
submitted a draft permit to the department, the consultant shall
submit the draft permit and any required supporting technical
justification to the department not later than fifteen (15)
working days after the expiration of the period specified in
sections 1 through 6 of this chapter; and
(3) the commissioner shall approve, with or without revision, or
deny the draft permit submitted by the applicant or a consultant
within the period specified under section 16(b) or 16(c) of this
chapter.
As added by P.L.1-1996, SEC.5.
IC 13-15-4-18
Remedies not exclusive
Sec. 18. The remedies provided in this chapter are not the
exclusive remedies available to a permit applicant. A permit
applicant's election of a remedy under this chapter does not preclude
the permit applicant from seeking other remedies available at law or
in equity.
As added by P.L.1-1996, SEC.5.
IC 13-15-4-19
Report
Sec. 19. Before July 15 of each year, the commissioner shall
provide to the interim study committee on environmental affairs
established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6
a list, current through July 1 of the year, of National Pollutant
Discharge Elimination System (NPDES) permits that have been
administratively extended that includes for each permit:
(1) the number of months that the permit has been
administratively extended;
(2) the number of months that the department has extended a
period under section 8 of this chapter or suspended processing
of a permit application under section 10 of this chapter;
(3) the type of permit according to the types identified in
IC 13-18-20-2 through IC 13-18-20-11; and
(4) the dates when public notice of a draft permit was given.
As added by P.L.184-2002, SEC.10. Amended by P.L.53-2014,
SEC.120.
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