Proposed New Facility Requiring a Hazardous Waste Permit
Preapplication Meeting
Before submitting a permit application, the applicant must hold at least one public meeting. The purpose of the meeting is to explain the proposed hazardous waste activities and give the community an opportunity to ask questions and provide comments. The meeting must be announced through a public notice at least 30 days in advance. Detailed requirements are at 329 IAC 3.1-13-18.
Zoning Approvals
All required local zoning approvals must be obtained before construction can begin on a hazardous waste disposal or commercial hazardous waste facility. See IC 13-22-10-5 for further details. Requirements related to undeveloped land may be found at IC 13-15-8.
Good Character Requirement
The applicant must submit a disclosure statement or other information required under IC 13-19-4.
Application Submittal
When a facility is owned by one (1) person but is operated by another person, it is the operator's duty to obtain a permit, except that the owner must also sign the permit application. 329 IAC 3.1-13-3(b)
The hazardous waste permit application consists of two parts:
- Part A (EPA Form 8700-23) provides basic information about the facility, the types of hazardous waste handled, and general operations. This includes maps, drawings, and photographs.
- Part B provides detailed, site-specific information. Part B must be submitted in narrative form and contain the information required by applicable sections of 40 CFR 270.14 through 270.27. IDEM will provide instructions and checklists to help the applicant prepare this part.
The applicant will receive an e-mail with instructions for submission of the application and associated documents to the Hazardous Waste Permit electronic submittal repository. For new facilities, IDEM will issue a public notice when the Part B application is submitted and available for public review.
Application Review
IDEM’s Office of Land Quality, Hazardous Waste Permit Section, will review the application to determine whether all required information has been submitted and whether the application complies with applicable regulations. If the application is determined to be incomplete or deficient, IDEM will notify the applicant and request additional information before moving forward.
Draft Decision
After completing its review, IDEM will issue a preliminary (“draft”) decision to either issue or deny the permit. If the application is complete and meets applicable standards, IDEM will prepare a draft permit that describes how the facility must operate. If IDEM determines the application does not meet regulatory standards, IDEM has the authority to issue a draft denial.
A fact sheet will accompany the draft decision and summarize the principal facts and considerations used in preparing the decision. The draft decision will be public noticed and will provide a public comment period of at least 45 days. Notice is sent to the applicant and to everyone on IDEM’s mailing list, which includes interested community members, government officials, and others who have requested to receive notices. During the public comment period, any interested person may submit written comments and may request a public hearing if one has not already been scheduled. Requests for a public hearing must be submitted in writing and describe the issues proposed for discussion. IDEM will provide at least 30 days’ public notice prior to any scheduled hearing. All comments received will be considered in making the final decision.
Final Decision
After considering all public comments, IDEM will issue a final decision. IDEM will issue a Notice of Decision that includes links to the permit decision documents, responses to comments, if applicable, and information on how to appeal the decision. The Notice of Decision will be provided to the applicant and all parties on the mailing list.
Ongoing Oversight
Following permit issuance, IDEM continues to oversee construction and operation of the facility to ensure compliance with the final permit. Oversight includes routine compliance inspections, record reviews, and other compliance activities. IDEM may also conduct inspections in response to complaints or other concerns.
Permit Modifications
If a facility proposes changes to hazardous waste management procedures, equipment, operations, or the types of waste handled, a permit modification is required.
- For modifications that substantially change facility operations, the public will receive advance notice and an opportunity to comment.
- For less significant modifications, the facility must notify the public within 90 days of implementing the change.
Permit Renewals
Permits that are nearing expiration are administratively continued if the permittee submits a timely and complete renewal application. The permit renewal process generally follows the same steps as a new permit.
