§ 13-19-4-6 — Denial; mitigating factors

Indiana § 13-19-4-6

• Jurisdiction: Indiana
• Art. 19: SOLID WASTE AND HAZARDOUS WASTE
• Ch. 4: Good Character Requirements for Solid Waste and

Text

Before making a determination to deny an
application for the issuance, transfer, or major modification of a permit
under section 5 of this chapter, the commissioner shall consider the
following mitigating factors:
(1) The nature and details of the acts attributed to the applicant or
responsible party.
(2) With respect to:
(A) a civil or an administrative complaint referred to in section
5(a)(2) of this chapter or IC 13-7-10.2-4(a)(2) (before its
repeal); or
(B) a criminal complaint referred to in section 5(a)(3) of this
chapter or IC 13-7-10.2-4(a)(3) (before its repeal);
whether the matter has been resolved.
(3) With respect to:
(A) a civil or an administrative complaint referred to in section
5(a)(2) of this chapter or IC 13-7-10.2-4(a)(2) (before its
repeal);
(B) a criminal complaint referred to in section 5(a)(3) of this
chapter or IC 13-7-10.2-4(a)(3) (before its repeal); or
(C) a judgment of conviction referred to in section 5(a)(4) of
this chapter or IC 13-7-10.2-4(a)(4);
whether any appeal is pending.
(4) The degree of culpability of the applicant or responsible party.
(5) The applicant's or responsible party's cooperation with the
state or federal agencies involved in the investigation of the
activities involved in complaints and convictions referred to in
section 5(a)(2) through 5(a)(5) of this chapter or IC 13-7-10.2-4(a)(2) through IC 13-7-10.2-4(a)(5) (before their
repeal).
(6) The applicant's or responsible party's dissociation from any
other persons or entities convicted of acts referred to in section
5(a)(2) through 5(a)(5) of this chapter or IC 13-7-10.2-4(a)(2)
through IC 13-7-10.2-4(a)(5) (before their repeal).
(7) Prior or subsequent self-policing or internal education
programs established by the applicant to prevent activities
referred to in section 5(a) of this chapter or IC 13-7-10.2-4(a)
(before its repeal).
(8) Whether the best interests of the public will be served by
denial of the permit.
(9) Any demonstration of good citizenship by the applicant or
responsible party.
[Pre-1996 Recodification Citation: 13-7-10.2-4(b).]

Legislative History

As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.7.