TITLE 329 SOLID WASTE MANAGEMENT BOARD
NOTICE OF READOPTION
LSA Document #08-332
The Indiana Department of Environmental Management (IDEM) is soliciting public comment on the readoption of rules in Title 329 of the Indiana Administrative Code pursuant to
IC 13-14-9.5.
SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING
This rulemaking is required pursuant to
IC 13-14-9.5, which provides for the expiration and readoption of administrative rules. A rule that was adopted under a provision of
IC 13 and was in force on December 31, 1995, expires not later than January 1, 2002. All rules adopted after that date under
IC 13-14-9, expire on January 1 of the seventh year after the year in which each rule takes effect. The rules listed to be readopted have an expiration date of January 1, 2009. IDEM has chosen to readopt all affected rules at one time rather than readopt each rule separately as its expiration date approaches.
Under
IC 13-14-9.5-4, the department or board that has rulemaking authority under Title 13 may readopt all rules subject to expiration under one rule that lists all rules that are readopted by their titles and subtitles only. If no comments are received during this first comment period, IDEM may submit the rule for filing with the Legislative Services Agency under
IC 4-22-2-35 and publish notice in the Indiana Register that the agency has readopted the rule.
STATUTORY AND REGULATORY REQUIREMENTS
IC 13-14-9.5-4 requires that the following procedure be followed to readopt rules:
(1) A notice listing all rules to be readopted by their titles and subtitles shall be submitted to Legislative Services Agency for publication in the Indiana Register.
(2) If a person submits a written request and a basis for the request during the first comment period that a particular rule be readopted separately from the readoption rule that readopts all rules in one rulemaking, the agency must:
(A) readopt that rule separately from the readoption rule; and
(B) follow the procedure for adoption of administrative rules under
IC 13-14-9 with respect to that rule.
(3) If no written request is provided within the first comment period, the agency may submit the rule for filing with the Legislative Services Agency under
IC 4-22-2-35 and publish notice in the Indiana Register that the agency has readopted the rule.
REQUEST FOR PUBLIC COMMENTS
At this time, IDEM solicits comments on specific rules listed above that should be reviewed through the regular rulemaking process under
IC 13-14-9. IDEM requests that specific changes and language suggestions accompany such comments.
Mailed comment should be addressed to:
Janet Pittman
Rules, Outreach, and Planning Section
Office of Land Quality
Indiana Department of Environmental Management
100 North Senate Avenue
Indianapolis, Indiana 46204-2251
Hand delivered comments will be accepted by the IDEM receptionist on duty at the eleventh floor reception desk, Office of Land Quality, Indiana Government Center-North, 100 North Senate Avenue, Indianapolis, Indiana.
Comments may also be submitted by facsimile to the IDEM fax number at (317) 232-3403, Monday through Friday, between 8:15 a.m. and 4:45 p.m. Please confirm the timely receipt of faxed comments by calling Janet Pittman in the Rules, Outreach, and Planning Section at (317) 232-8922.
Comments must be postmarked, hand delivered, or faxed by June 20, 2008.
Additional information regarding this rulemaking action may be obtained from Lydia Kuykendal, Rules, Outreach, and Planning Section, Office of Land Quality, (317) 234-5354 or (800) 451-6027 (in Indiana).
Bruce H Palin
Assistant Commissioner
Office of Land Quality
Posted: 05/21/2008 by Legislative Services Agency
DIN: 20080521-IR-329080332BNA
Composed: May 24,2024 12:36:31AM EDT
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