Be it enacted by the General Assembly of the State of Indiana:
or a determination according to subsection (d); and
(2) bears the burden of persuasion that the notice has been
provided.
(f) Failure to receive notice does not invalidate an order or a
determination, unless the person required to receive notice of an
order or a determination is substantially prejudiced by the lack of
notice. The burden of persuasion as to substantial prejudice is on
the person claiming the lack of notice.
SECTION 2. IC 13-14-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 3. If the designated
agent of the department completes the inspection at a time when the
property owner is not available to receive an oral report under section
2 of this chapter, the designated agent shall mail send a written
summary of the inspection by certified mail, return receipt requested,
in accordance with IC 13-14-2-1 to the property owner not later than
forty-five (45) calendar days following the inspection.
SECTION 3. IC 13-18-4-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) Whenever the
commissioner determines that a person:
(1) is violating; or
(2) is about to violate;
section 5 of this chapter, the department shall serve notice of the
commissioner's determination on the person by certified mail of the
commissioner's determination. in accordance with IC 13-14-2-1.
(b) The commissioner shall include in the notice an order against
the person to:
(1) cease the violation; and
(2) abate the condition of pollution;
fixing in the order a reasonable time within which the correction and
abatement must take place.
(c) Proceedings concerning an order issued under this section are
governed by IC 4-21.5.
SECTION 4. IC 13-20-6-4, AS AMENDED BY P.L.154-2005,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. (a) The commissioner may, by order, do the
following:
(1) Suspend the waste transfer activities of an operator who is not
a resident of Indiana if the operator is not properly licensed,
certified, or permitted to conduct waste transfer activities in
another state in which the operator does business.
(2) Suspend the waste transfer activities of a transfer station that
does not meet the requirements of the inspection program
established under section 7 of this chapter.
(b) An order issued by the commissioner under this section
requiring an operator or transfer station to suspend operations must
contain the date by which waste transfer activities must be suspended.
(c) After issuing an order requiring an operator or transfer station to
suspend waste transfer activities but before the date by which the
activities must be suspended, the department must provide notice by
certified mail, return receipt requested, in accordance with
IC 13-14-2-1 to the following:
(1) Each regulated solid waste processing facility in Indiana.
(2) Each regulated solid waste disposal facility in Indiana.
(d) The notice described under subsection (c) must contain the
following:
(1) The name of the operator or transfer station subject to the
order.
(2) The date on which waste transfer activities are suspended
under the order.
(3) If the order applies to a transfer station, the location of the
transfer station.
(e) Upon a determination by the commissioner that an operator
previously ordered to suspend waste transfer activities may engage
again in waste transfer activities, the department shall immediately
provide notice by certified mail, return receipt requested, in
accordance with IC 13-14-2-1 to each:
(1) regulated solid waste processing facility in Indiana; and
(2) regulated solid waste disposal facility in Indiana;
that the operator or transfer station will be allowed to resume waste
transfer activities. The notice required under this subsection must
contain the date on which the operator or transfer station will be
allowed to resume waste transfer activities.
SECTION 5. IC 13-20-13-5.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5.5. (a) A certificate of
registration issued by the department under this chapter may be
revoked or modified by the commissioner, or by a designated staff
member of the department, after notification in writing is sent by
certified mail in accordance with IC 13-14-2-1 to the holder of the
certificate for:
(1) failure to disclose all relevant facts;
(2) making a misrepresentation in obtaining the registration; or
(3) failure to correct, within the time established by the
department:
(A) a violation of a condition of the registration; or
(B) a violation of this chapter or a rule adopted by the board
under section 11 of this chapter.
(b) A person aggrieved by the revocation or modification of a
certificate of registration may appeal the revocation or modification to
the office of environmental adjudication under IC 4-21.5-7. Pending
the decision resulting from a hearing under IC 4-21.5-3 concerning the
revocation or modification, the registration remains in force. However,
subsequent to revocation or modification, the commissioner may seek
injunctive relief concerning the activity described in the registration.
SECTION 6. IC 13-20-14-5.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5.6. (a) A certificate of
registration issued by the department under this chapter may be
revoked or modified by the commissioner, or by a designated staff
member of the department, after notification in writing is sent by
certified mail in accordance with IC 13-14-2-1 to the holder of the
certificate, for:
(1) failure to disclose all relevant facts;
(2) making a misrepresentation in obtaining the registration; or
(3) failure to correct, within the time established by the
department, a violation of:
(A) a condition of the registration;
(B) this chapter; or
(C) a rule adopted by the board under section 6 of this chapter.
(b) A person aggrieved by the revocation or modification of a
certificate of registration may appeal the revocation or modification to
the office of environmental adjudication under IC 4-21.5-7. Pending
the decision resulting from a hearing under IC 4-21.5-3 concerning the
revocation or modification, the registration remains in force. However,
subsequent to revocation or modification, the commissioner may seek
injunctive relief concerning the activity described in the registration.
SECTION 7. IC 13-26-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) Except as
provided in section 9 of this chapter, the hearing officer shall fix a time
and place inside or within ten (10) miles of the proposed district for the
hearing on any matter for which a hearing is authorized under this
chapter.
(b) The hearing officer shall make a reasonable effort to provide
notice of the hearing as follows:
(1) By publication of notice two (2) times each week for two (2)
consecutive weeks in at least two (2) newspapers of general
circulation in each of the counties, in whole or in part, in the
district. The publication of notice must, at a minimum, include a
legal notice and a prominently displayed three (3) inches by five
(5) inches advertisement.
(2) By certified mail, return receipt requested, mailed United
States mail sent at least two (2) weeks before the hearing to the
following:
(A) The fiscal and executive bodies of each county with
territory in the proposed district.
(B) The executive of all other eligible entities with territory in
the proposed district.
(C) The state and any of its agencies owning, controlling, or
leasing land within the proposed district, excluding highways
and public thoroughfares owned or controlled by the Indiana
department of transportation.
(D) Each sewage disposal company holding a certificate of
territorial authority under IC 8-1-2-89 respecting territory in
the proposed district.
(3) By making a reasonable effort to provide notice of the hearing
by regular United States mail, postage prepaid, mailed at least two
(2) weeks before the hearing to each freeholder within the
proposed district.
(4) By including the date on which the hearing is to be held and
a brief description of:
(A) the subject of the petition, including a description of the
general boundaries of the area to be included in the proposed
district; and
(B) the locations where copies of the petition are available for
viewing.
SECTION 8. IC 13-26-2-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. (a) If the department
of natural resources has filed a petition, the commissioner may waive
the requirement for notice and hearing provided in section 6 of this
chapter.
(b) If the commissioner waives the notice and hearing requirement,
the hearing officer shall give written notice by certified mail in the
manner provided under section 6 6(b)(2) or 6(b)(3) of this chapter.
Each recipient of notice has thirty (30) days from the mailing of the
notice within which to file objections or material with the hearing
officer.
(c) The hearing officer shall then proceed to make findings and
recommendations as provided in section 8 of this chapter, based upon
any material:
(1) received by the hearing officer; or
(2) obtained at the hearing officer's discretion through the hearing
officer's own investigation.
SECTION 9. IC 13-30-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) The
commissioner shall issue written notice, by certified mail with return
receipt requested, addressed to the alleged violator at the alleged
violator's last known place of residence or place of business; notice to
an alleged violator in accordance with IC 13-14-2-1.
(b) The notice must:
(1) specify the provision of:
(A) the environmental management laws;
(B) the air pollution control laws; or
(C) the water pollution control laws; or
(D) the rule;
allegedly being violated;
(2) include:
(A) a statement of:
(i) the manner in which; and
(ii) the extent to which;
the alleged violation exists; and
(B) an order under sections 10 through 12 of this chapter:
(i) requiring that the alleged violator take specific action to
correct the violation;
(ii) assessing a civil penalty under IC 13-30-4-1,
IC 13-30-4-2, and section 11 of this chapter for the
violation; or
(iii) containing the substance of both item (i) and item (ii);
and
(3) include a brief description of the procedure for requesting
review under IC 4-21.5.
(c) A copy of the notice and order may also be sent to a local
governmental unit that is a party to the action.