§ 13-19-4-8 — Change of ownership; procedure; exemption; revocation by commissioner

(a) This section does not apply to the transfer
of ownership of a facility from a permittee whose business derives less
than fifty percent (50%) of its gross revenue from the management of
solid waste to a prospective owner whose business derives less than
fifty percent (50%) of its gross revenue from the management of solid
waste.
(b) If there is a prospective change of the entire ownership interest
in a facility for which a permit described in IC 13-15-1-3 is required,
the prospective owner, at least one hundred eighty (180) days before
the proposed change in ownership, shall submit to the commissioner a
disclosure statement that:
(1) includes the information required by section 3(a) of this
chapter; and
(2) was executed under section 3(b) of this chapter.
(c) The commissioner:
(1) shall review the disclosure statement submitted under
subsection (b); and
(2) may investigate and verify the information set forth in the
disclosure statement.
(d) If the commissioner determines that:
(1) the information disclosed by the disclosure statement
submitted under subsection (b); and
(2) any investigation by the commissioner;
would require the commissioner to deny the prospective owner's permit
application if the prospective owner were applying for a permit under
section 2 of this chapter, the commissioner shall disapprove the transfer
of ownership of the facility to the prospective owner.
(e) If:
(1) subsection (b) does not apply; and
(2) there is a change of at least fifty percent (50%) ownership
control of an entity that holds a permit described in IC 13-15-1-3,
including an entity referred to in section 1 of this chapter (other
than an entity referred to in subsection (a));
the entity must, not later than thirty (30) days after the change of
ownership control is completed, submit to the department the
disclosure statement referred to in subsection (b).
(f) The commissioner:
(1) shall review the disclosure statement submitted under
subsection (e); and
(2) may investigate and verify the information set forth in the
disclosure statement.
(g) If the commissioner determines:
(1) that:
(A) the information disclosed by the disclosure statement
submitted under subsection (e); and
(B) any investigation by the commissioner;
would require the commissioner to deny an application for a
permit described in IC 13-15-1-3 if the entity that submits the
disclosure statement were applying for a permit under section 2
of this chapter; or
(2) that an entity failed to submit to the department a timely
disclosure statement under subsection (e);
the commissioner shall revoke any permit described in IC 13-15-1-3
held by the entity.
[Pre-1996 Recodification Citation: 13-7-10.2-5.]

Legislative History

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