§ 13-15-4-10 — Suspension of processing of applications

Indiana § 13-15-4-10

• Jurisdiction: Indiana
• Art. 15: PERMITS GENERALLY
• Ch. 4: Schedules for Determinations on Permits

Text

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 or electronically sent 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 earliest of the date the department receives and
stamps as received the applicant's complete information, the date
marked by the department on a certified mail return receipt
accompanying the applicant's complete information, or the date
a notice is sent by the department to the applicant confirming that
the department has received 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.
[Pre-1996 Recodification Citation: 13-7-10.1-7(b).]

Legislative History

As added by P.L.1-1996, SEC.5. Amended by P.L.235-2005, SEC.130; P.L.140-2013, SEC.15; P.L.27-2024, SEC.3.