2016 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 15. PERMITS GENERALLY
CHAPTER 2. RULES FOR ISSUANCE OF PERMITS
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IC 13-15-2
Chapter 2. Rules for Issuance of Permits
IC 13-15-2-1
Duty of board to adopt rules
Sec. 1. (a) The board shall adopt rules under IC 4-22-2 and
IC 13-14-9 to establish requirements and procedures for the issuance
of permits.
(b) In rules for the issuance of permits, the board may do the
following:
(1) Prescribe standards for the discharge, emission, or disposal
of contaminants and the operation of any facility, equipment, or
device.
(2) Impose the conditions that are considered necessary to
accomplish the purposes of this title.
As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.98.
IC 13-15-2-2
Allowable uses; content; criteria; priority applications; consistency
with federal law
Sec. 2. (a) The board may adopt rules under IC 4-22-2 and
IC 13-14-9 to allow the department to issue permits that do the
following:
(1) Provide incentives to owners and operators of facilities to
assess the pollution emitted by the facilities into all
environmental media.
(2) Provide incentives to owners and operators of facilities to
implement the most innovative and effective pollution control
or pollution prevention strategies while maintaining enforceable
performance goals.
(3) Provide incentives to owners and operators of facilities to
reduce pollution levels at the facilities below the levels required
by law.
(4) Consolidate environmental requirements into one (1) permit
that would otherwise be included in more than one (1) permit.
(5) Reduce the time and money spent by owners and operators
of facilities and the department on administrative tasks that do
not benefit the environment.
(6) Provide owners and operators of facilities with as much
operational flexibility as can reasonably be provided while
being consistent with enforcement of permit requirements.
(b) The rules adopted under this section may provide for permits
that contain the following:
(1) Authorization of emission trading.
(2) Consolidated reporting mechanisms.
(3) Third party certifications.
(4) Multimedia regulation.
(5) Other conditions consistent with subsection (a).
Indiana Code 2016
(c) The rules adopted under this section must provide that a permit
issued under the rules adopted under this section meets the following
criteria:
(1) Activities conducted under the permit must result in greater
overall environmental protection than would otherwise be
achieved under applicable law.
(2) Upon issuance of a permit, all limits, conditions, and
standards contained in the permit are enforceable under
IC 13-30-3.
(3) The permit applicant must give notice in accordance with
IC 13-15-8, and the commissioner shall give notice to the public
and provide an opportunity to comment on the proposed permit
in accordance with IC 13-15-5.
(d) The rules adopted under this section must allow the
department to give priority to applications involving permits that are
issued as described in this section based on:
(1) the degree of environmental benefit that may be obtained
under the permit;
(2) the potential application of any innovative control
technologies or regulatory procedures that may be made
available to other permit applicants and permit holders; and
(3) other criteria that the board may establish.
(e) The rules adopted under this section must be consistent with
federal law for federally authorized or delegated permit programs.
As added by P.L.128-1996, SEC.2. Amended by P.L.133-2012,
SEC.99.
Indiana Code 2016
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