§ 13-19-4-5 — Denial; grounds

(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).]

Legislative History

As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.6.