§ 13-15-4-11 — Applicant's alternatives when operating pending permit application or pending commissioner's ruling on application

Indiana § 13-15-4-11

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

Text

(a) If an applicant is operating pursuant to
a continuation of an existing permit pending determination of an
application for a new or renewed permit under IC 13-15-3-6, the
applicant may proceed under this section after notifying the
commissioner in writing of its intent to do so.
(b) If the commissioner does not issue or deny a permit within the
time specified under sections 1 through 6 of this chapter, the applicant
may proceed under this section. After reaching an agreement with the
commissioner or after consulting with the commissioner for thirty (30)
days and failing to reach an agreement, the applicant may choose to
proceed under one (1) of the following alternatives:
(1) The:
(A) applicant may, except as provided in section 12.1 of this
chapter, request and receive a refund of a permit application fee
paid by the applicant; and
(B) commissioner shall do the following:
(i) Continue to review the application.
(ii) Approve or deny the application as soon as practicable.
(iii) Except as provided in section 12.1 of this chapter, refund
the applicant's application fee not later than twenty-five (25)
working days after the receipt of the applicant's request.
(2) The:
(A) applicant may:
(i) except as provided in section 12.1 of this chapter, request
and receive a refund of a permit application fee paid by the
applicant; and
(ii) submit to the department a draft permit and any required
supporting technical justification for the permit; and
(B) commissioner shall do the following:
(i) Review the draft permit.
(ii) Approve, with or without revision, or deny the draft
permit in accordance with section 16 of this chapter.
(iii) Except as provided in section 12.1 of this chapter, refund
the applicant's application fee not later than twenty-five (25)
working days after the receipt of the applicant's request.
(3) The:
(A) applicant may hire an outside consultant to prepare a draft
permit and any required supporting technical justification for
the permit; and
(B) commissioner shall:
(i) review the draft permit; and
(ii) approve, with or without revision, or deny the draft permit
in accordance with section 16 of this chapter.
[Pre-1996 Recodification Citation: 13-7-10.1-8(a).]

Legislative History

As added by P.L.1-1996, SEC.5. Amended by P.L.184-2002, SEC.6; P.L.240-2003, SEC.10.