Section 329 IAC 10-12-1 - Public process for new solid waste land disposal facility permits; major permit modifications; minor permit modificationsAuthority: IC 13-14-8-7; IC 13-15; IC 13-19-3; IC 13-20-1
Affected: IC 5-3-1-2; IC 5-3-1-6; IC 5-3-2; IC 13-15-3-3; IC 13-20; IC 36-9-30
Sec. 1.
(a) A person submitting an application for one (1) of the following shall submit an affidavit as required by 329 IAC 10-11-2.5(a)(19) and shall make notice as required in subsection (b):(1) A new solid waste land disposal facility permit.(2) A major modification for a lateral expansion permit or a vertical expansion permit.(3) A minor modification permit for an acreage expansion that would not: (A) increase the facility's permitted capacity to dispose of solid waste by the lesser of: (i) more than ten percent (10%); or(ii) five hundred thousand (500,000) cubic yards; or(B) in an acreage expansion, increase the area within the permitted solid waste boundary by more than one (1) acre.(b) The notice required by subsection (a) must include the following: (1) Not more than ten (10) working days after submitting an application, an applicant shall make a reasonable effort to notify the owners of record of adjoining land to the solid waste land disposal facility or proposed solid waste land disposal facility.(2) The notice provided by the applicant in this subsection must:(B) include the date on which the application for the permit was submitted to the department; and(C) include a brief description of the subject of the application.(c) A public meeting must be conducted by the applicant submitting an application for the following: (1) A new solid waste land disposal facility permit.(2) A major modification to a solid waste land disposal facility permit.(d) The applicant shall complete the following for the public meeting as required in subsection (c): (1) Within sixty (60) days after the date the applicant received notification from the commissioner that the application has been deemed complete, conduct a public meeting in the county where the solid waste land disposal facility or major modification designated in the application will be located.(2) Publish notice of the public meeting at least ten (10) days prior to the meeting in a newspaper of general circulation in the county where the solid waste land disposal facility or major modification will be located. The notice must:(A) be at least two (2) columns wide by five (5) inches long;(B) not be placed in the part of the newspaper where the legal notices and classified advertisements appear;(C) include the time and date of the public meeting;(D) state the exact place of the public meeting; and(E) have every effort made by the applicant and the department to coordinate the publication date of the notice of the public meeting held by the applicant as required by this subdivision with the publication date of the notice of public hearing held by the department as required in subsection (i)(1).(3) Conduct the public meeting as follows: (A) Present a brief description of the location and operation of the proposed solid waste land disposal facility or major modification.(B) Indicate where copies of the application have been filed.(C) If the applicant proposes a design alternative, the applicant must briefly describe the alternative design.(D) State that the department will accept written comments and questions from the public on the permit application and announce the address of the department and name of the person accepting comments on behalf of the department.(E) Provide fact sheets on the proposed solid waste land disposal facility or major modification that have been prepared by the department for the public. A department representative shall attend the meeting.(F) Offer the opportunity for public comments and questions.(e) Within five (5) days after the date the applicant received notification from the commissioner that the application has been deemed complete by the department, the applicant shall place a copy of the complete application and any additional information that the department requests at a library in the county where the solid waste land disposal facility or major modification will be located.(f) The applicant shall pay the costs of complying with subsections (c) through (e).(g) Failure of the applicant to comply with subsections (c) through (f) may result in the denial of the application by the department.(h) Public notice must be made by the department as required by IC 5-3-1-2(i) after the date the applicant received notification from the commissioner that the permit application is deemed completed. The public notice must meet the following requirements:(1) Indicate where copies of the application are available for public review.(2) State that the department will accept comments from the public on the application for at least thirty (30) days.(3) Offer the opportunity for a public hearing on the application.(4) The department shall publish the notice in accordance with IC 5-3-1-6.(5) If the facility boundary of the proposed solid waste land disposal facility or major modification, if also a lateral expansion, will be within one (1) mile of the county boundary, the department will publish the notice in accordance with IC 5-3-1-6 in the adjacent county.(6) In addition to the requirements in IC 5-3-1-6, the department shall publish the notice in two (2) newspapers in the county where the solid waste land disposal facility or major modification is located, if there are two (2) newspapers of general circulation in the county.(i) The department shall hold a public hearing if required by IC 13-15-3-3. The following apply to a public hearing:(1) The department shall publish notice of the hearing as required in IC 5-3-1 and IC 5-3-2 in newspapers of general circulation in the county where the solid waste land disposal facility (if a major modification) or proposed solid waste land disposal facility is located.(2) During a hearing, a person may testify within the time provided or submit written comments, or both. The department will consider testimony that is relevant to the requirements of IC 13 and this article.Solid Waste Management Board; 329 IAC 10-12-1; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1812; filed Mar 19, 1998, 11:07 a.m.: 21 IR 2756; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3792; filed Feb 9, 2004, 4:51 p.m.: 27 IR 1804, eff Apr 1, 2004