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.
[Pre-1996 Recodification Citation: 13-7-10.2-4(a), (d).]
As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.6.
Structure Indiana Code
Article 19. Solid Waste and Hazardous Waste Management Generally
Chapter 4. Good Character Requirements for Solid Waste and Hazardous Waste Management Permits
13-19-4-2. Requirement to Submit Permit Disclosure Statement or Other Information
13-19-4-3. Permit Applicant Disclosure Statement; Contents; Oath
13-19-4-4. Permit Applicant Disclosure Statement; Verification
13-19-4-6. Denial; Mitigating Factors
13-19-4-8. Change of Ownership; Procedure; Exemption; Revocation by Commissioner