2014 Indiana Code TITLE 13. ENVIRONMENT ARTICLE 19. SOLID WASTE AND HAZARDOUS WASTE MANAGEMENT GENERALLY CHAPTER 4. GOOD CHARACTER REQUIREMENTS FOR SOLID WASTE AND HAZARDOUS WASTE MANAGEMENT PERMITS
Download as PDF
IC 13-19-4
Chapter 4. Good Character Requirements for Solid Waste and
Hazardous Waste Management Permits
IC 13-19-4-1
Chapter not applicable to certain transfer station and solid waste
disposal facility permits
Sec. 1. (a) Except as provided in section 8(e) of this chapter, this
chapter does not apply to:
(1) an applicant for a transfer station permit that holds a permit
for and continuously operates; or
(2) the transfer of a permit for a transfer station to an applicant
that holds a permit for and is operating;
a transfer station, solid waste disposal facility, or hazardous waste
facility in Indiana after December 31, 2004.
(b) Except as provided in section 8(e) of this chapter, this chapter
does not apply to the transfer of a permit for a solid waste disposal
facility to an applicant that holds a permit for and is operating a solid
waste disposal facility or hazardous waste facility in Indiana after
December 31, 2004.
As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.4.
IC 13-19-4-2
Requirement to submit permit disclosure statement or other
information
Sec. 2. Before an application for the issuance, transfer, or major
modification of a permit for a solid waste processing facility, solid
waste disposal facility, or hazardous waste facility may be granted,
the applicant and each person who is a responsible party with respect
to the applicant must submit to the department:
(1) a disclosure statement that:
(A) meets the requirements set forth in section 3(a) of this
chapter; and
(B) is executed under section 3(b) of this chapter; or
(2) all of the following information:
(A) The information concerning legal proceedings that:
(i) is required under Section 13 or 15(d) of the federal
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.);
and
(ii) the applicant or responsible party has reported under
form 10-K.
(B) A description of all judgments that:
(i) have been entered against the applicant or responsible
party in a proceeding described in section 3(a)(3) of this
chapter; and
(ii) have imposed upon the applicant or responsible party
a fine or penalty described in section 3(a)(3)(A) of this
chapter.
(C) A description of all judgments of conviction entered
against the applicant or responsible party within five (5)
years before the date of submission of the application for the
violation of any state or federal environmental protection
law.
(D) Any other related information to support the application
requested by the department concerning either of the
following:
(i) The applicant.
(ii) The responsible party.
As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.5;
P.L.114-2008, SEC.15.
IC 13-19-4-3
Permit applicant disclosure statement; contents; oath
Sec. 3. (a) In a disclosure statement required by section 2 of this
chapter, the applicant or responsible party shall set forth the
following information:
(1) The name and business address of the applicant or
responsible party.
(2) A description of the applicant's or responsible party's
experience in managing the type of waste that will be managed
under the permit.
(3) A description of all civil and administrative complaints
against the applicant or responsible party for the violation of
any state or federal environmental protection law that:
(A) have resulted in a fine or penalty of more than ten
thousand dollars ($10,000) within five (5) years before the
date of the submission of the application; or
(B) allege an act or omission that:
(i) constitutes a material violation of the state or federal
environmental protection law; and
(ii) presented a substantial endangerment to the public
health or the environment.
(4) A description of all pending criminal complaints alleging the
violation of any state or federal environmental protection law
that have been filed against the applicant or responsible party
within five (5) years before the date of submission of the
application.
(5) A description of all judgments of criminal conviction entered
against the applicant or responsible party within five (5) years
before the date of submission of the application for the violation
of any state or federal environmental protection law.
(6) A description of all judgments of criminal conviction of a
felony constituting a crime of moral turpitude under the laws of
any state or the United States that are entered against the
applicant or responsible party within five (5) years before the
date of submission of the application.
(7) The location of all facilities at which the applicant or
responsible party manages the type of waste that would be
managed under the permit to which the application refers.
(b) A disclosure statement submitted under section 2(1) of this
chapter:
(1) must be executed under oath or affirmation; and
(2) is subject to the penalty for perjury under IC 35-44.1-2-1.
As added by P.L.1-1996, SEC.9. Amended by P.L.114-2008, SEC.16;
P.L.126-2012, SEC.33.
IC 13-19-4-4
Permit applicant disclosure statement; verification
Sec. 4. The department may investigate and verify the information
set forth in a disclosure statement required by section 2 of this
chapter.
As added by P.L.1-1996, SEC.9. Amended by P.L.2-1997, SEC.43.
IC 13-19-4-5
Denial; grounds
Sec. 5. (a) Subject to subsection (b), the commissioner may deny
an application for the issuance, transfer, or major modification of a
permit for a solid waste processing facility, solid waste disposal
facility, or hazardous waste facility if the commissioner finds that:
(1) the applicant or a responsible party has intentionally
misrepresented or concealed any material fact in a statement
required by section 2 or 3 of this chapter;
(2) a civil or administrative complaint described in section
3(a)(3) of this chapter has been filed against the applicant or a
responsible party within five (5) years before the date of
submission of the application;
(3) a criminal complaint described in section 3(a)(4) of this
chapter has been filed against the applicant or a responsible
party within five (5) years before the date of submission of the
application;
(4) a judgment of criminal conviction described in section
3(a)(5) or 3(a)(6) of this chapter has been entered against the
applicant or a responsible party within five (5) years before the
date of submission of the application; or
(5) the applicant or a responsible party has knowingly and
repeatedly violated any state or federal environmental protection
laws.
(b) The commissioner may not deny a permit under this section
based solely upon pending complaints disclosed under section
3(a)(3)(B) or 3(a)(4) of this chapter.
As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.6.
IC 13-19-4-6
Denial; mitigating factors
Sec. 6. Before making a determination to deny an application for
the issuance, transfer, or major modification of a permit under section
5 of this chapter, the commissioner shall consider the following
mitigating factors:
(1) The nature and details of the acts attributed to the applicant
or responsible party.
(2) With respect to:
(A) a civil or an administrative complaint referred to in
section 5(a)(2) of this chapter or IC 13-7-10.2-4(a)(2) (before
its repeal); or
(B) a criminal complaint referred to in section 5(a)(3) of this
chapter or IC 13-7-10.2-4(a)(3) (before its repeal);
whether the matter has been resolved.
(3) With respect to:
(A) a civil or an administrative complaint referred to in
section 5(a)(2) of this chapter or IC 13-7-10.2-4(a)(2) (before
its repeal);
(B) a criminal complaint referred to in section 5(a)(3) of this
chapter or IC 13-7-10.2-4(a)(3) (before its repeal); or
(C) a judgment of conviction referred to in section 5(a)(4) of
this chapter or IC 13-7-10.2-4(a)(4);
whether any appeal is pending.
(4) The degree of culpability of the applicant or responsible
party.
(5) The applicant's or responsible party's cooperation with the
state or federal agencies involved in the investigation of the
activities involved in complaints and convictions referred to in
section 5(a)(2) through 5(a)(5) of this chapter or
IC 13-7-10.2-4(a)(2) through IC 13-7-10.2-4(a)(5) (before their
repeal).
(6) The applicant's or responsible party's dissociation from any
other persons or entities convicted of acts referred to in section
5(a)(2) through 5(a)(5) of this chapter or IC 13-7-10.2-4(a)(2)
through IC 13-7-10.2-4(a)(5) (before their repeal).
(7) Prior or subsequent self-policing or internal education
programs established by the applicant to prevent activities
referred to in section 5(a) of this chapter or IC 13-7-10.2-4(a)
(before its repeal).
(8) Whether the best interests of the public will be served by
denial of the permit.
(9) Any demonstration of good citizenship by the applicant or
responsible party.
As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.7.
IC 13-19-4-7
Findings of fact
Sec. 7. (a) In taking action under this chapter on an application for
the issuance, transfer, or major modification of a permit for a solid
waste processing facility, solid waste disposal facility, or hazardous
waste facility, the commissioner shall make separately stated findings
of fact to support the action taken.
(b) The findings of ultimate fact must be accompanied by a
concise statement of the underlying basic facts of record to support
the findings. However, when the commissioner denies an application,
the commissioner is not required to explain the extent to which any
of the mitigating factors set forth in section 6 of this chapter
influenced the commissioner's determination to deny the application.
As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.8.
IC 13-19-4-8
Change of ownership; procedure; exemption; revocation by
commissioner
Sec. 8. (a) This section does not apply to the transfer of ownership
of a facility from a permittee whose business derives less than fifty
percent (50%) of its gross revenue from the management of solid
waste to a prospective owner whose business derives less than fifty
percent (50%) of its gross revenue from the management of solid
waste.
(b) If there is a prospective change of the entire ownership interest
in a facility for which a permit described in IC 13-15-1-3 is required,
the prospective owner, at least one hundred eighty (180) days before
the proposed change in ownership, shall submit to the commissioner
a disclosure statement that:
(1) includes the information required by section 3(a) of this
chapter; and
(2) was executed under section 3(b) of this chapter.
(c) The commissioner:
(1) shall review the disclosure statement submitted under
subsection (b); and
(2) may investigate and verify the information set forth in the
disclosure statement.
(d) If the commissioner determines that:
(1) the information disclosed by the disclosure statement
submitted under subsection (b); and
(2) any investigation by the commissioner;
would require the commissioner to deny the prospective owner's
permit application if the prospective owner were applying for a
permit under section 2 of this chapter, the commissioner shall
disapprove the transfer of ownership of the facility to the prospective
owner.
(e) If:
(1) subsection (b) does not apply; and
(2) there is a change of at least fifty percent (50%) ownership
control of an entity that holds a permit described in
IC 13-15-1-3, including an entity referred to in section 1 of this
chapter (other than an entity referred to in subsection (a));
the entity must, not later than thirty (30) days after the change of
ownership control is completed, submit to the department the
disclosure statement referred to in subsection (b).
(f) The commissioner:
(1) shall review the disclosure statement submitted under
subsection (e); and
(2) may investigate and verify the information set forth in the
disclosure statement.
(g) If the commissioner determines:
(1) that:
(A) the information disclosed by the disclosure statement
submitted under subsection (e); and
(B) any investigation by the commissioner;
would require the commissioner to deny an application for a
permit described in IC 13-15-1-3 if the entity that submits the
disclosure statement were applying for a permit under section 2
of this chapter; or
(2) that an entity failed to submit to the department a timely
disclosure statement under subsection (e);
the commissioner shall revoke any permit described in IC 13-15-1-3
held by the entity.
As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.9.
IC 13-19-4-9
Administrative procedure
Sec. 9. IC 4-21.5 governs determinations, notice, hearings, and
appeal of determinations under this chapter.
As added by P.L.1-1996, SEC.9.
IC 13-19-4-10
Rules of administration
Sec. 10. The board may adopt rules under IC 4-22-2 and
IC 13-14-9 to administer this chapter.
As added by P.L.1-1996, SEC.9. Amended by P.L.133-2012,
SEC.134.
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
