Filed House Amendment, House Bill 1329

SOURCE: IC 13-15-4-1; (02)MO132902.11. -->     "SECTION 11. IC 13-15-4-1 , AS AMENDED BY P.L.138-2000, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. Except as provided in sections 2, 3, and 6 of this chapter, the commissioner shall approve or deny an application filed with the department after July 1, 1995, within the following number of days:
        (1) Three hundred sixty-five (365) days for an application concerning the following:
            (A) A new hazardous waste or solid waste landfill.
            (B) A new hazardous waste or solid waste incinerator.
            (C) A major modification of a solid waste landfill.
            (D) A major modification of a solid waste incinerator.
            (E) A new hazardous waste treatment or storage facility.
            (F) A new Part B permit issued under 40 CFR 270 et seq. for an existing hazardous waste treatment or storage facility.
            (G) A Class 3 modification under 40 CFR 270.42 to a hazardous waste landfill.
        (2) Two hundred seventy (270) days for an application concerning the following:
            (A) A Class 3 modification under 40 CFR 270.42 of a hazardous waste treatment or storage facility.
            (B) A major ~~new~~ National Pollutant Discharge Elimination

System permit.
        (3) One hundred eighty (180) days for an application concerning the following:
            (A) A new solid waste processing or recycling facility.
            (B) A minor ~~new~~ National Pollutant Discharge Elimination System individual permit.
            (C) A permit concerning the land application of wastewater.
        (4) One hundred fifty (150) days for an application concerning a minor new National Pollutant Discharge Elimination System general permit.
        (5) One hundred twenty (120) days for an application concerning a Class 2 modification under 40 CFR 270.42 to a hazardous waste facility.
        (6) Ninety (90) days for an application concerning the following:
            (A) A minor modification to a solid waste landfill or incinerator permit.
            (B) A wastewater facility or water facility construction permit.
        (7) The amount of time provided for in rules adopted by the air pollution control board for an application concerning the following:
            (A) An air pollution construction permit that is subject to 326 IAC 2-2 and 326 IAC 2-3.
            (B) An air pollution facility construction permit (other than as defined in 326 IAC 2-2).
            (C) Registration of an air pollution facility.
        (8) Sixty (60) days for an application concerning the following:
            (A) A Class 1 modification under 40 CFR 270.42 requiring prior written approval, to a hazardous waste:
                (i) landfill;
                (ii) incinerator;
                (iii) treatment facility; or
                (iv) storage facility.
            (B) Any other permit not specifically described in this section for which the application fee exceeds one hundred dollars ($100) and for which a time frame has not been established under section 3 of this chapter.

SOURCE: IC 13-15-4-12; (02)MO132902.12. -->     SECTION 12. IC 13-15-4-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 12. (a) For purposes of this section, if:
        (1) the deadline for approval or denial of a permit application under section 1 of this chapter precedes July 1, 2003; and
        (2) the commissioner does not approve or deny the permit application before the deadline;
the deadline for approval or denial is considered to be July 1, 2003.
    (b) An applicant may ~~not~~ receive a refund of a permit application fee if:

         (1) the permit application concerned the renewal of a permit;
         (2) the expiration date of the permit for which renewal is sought is extended under IC 13-15-3-6 ; and
        (3) the applicant applies in writing to the department for a refund.
     (c) The amount of a refund under this section for a calendar year in which a fee is assessed under IC 13-18-20-13 is the amount determined in STEP FIVE of the following formula:
        STEP ONE: Determine the later of:
            (A) January 1 of that calendar year; and
            (B) the deadline for approval or denial of the permit application under section 1 of this chapter if the deadline falls in that calendar year.
        STEP TWO: Determine the earlier of:
            (A) the date of approval or denial of the permit application under section 1 of this chapter if that date falls in that calendar year; and
            (B) December 31 of that calendar year.
         STEP THREE: Determine the number of days after the date determined under STEP ONE and before the date determined under STEP TWO.
        STEP FOUR: Multiply the amount determined under STEP THREE by the amount of the fee assessed in that calendar year under IC 13-18-20-13.
        STEP FIVE: Multiply the product determined under STEP FOUR by seven one hundredths percent (.07%).".

SOURCE: IC 13-15-11-6; (02)MO132902.14. -->     "SECTION 14. IC 13-15-11-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. Before September 1 of each even-numbered year, the department shall report to the environmental quality service council:
        (1) the department's proposed distribution of funds among the programs referred to in section 1 of this chapter for the current state fiscal year;
        (2) the department's rationale for the proposed distribution;
        (3) any difference between:
            (A) the proposed distribution; and
            (B) the distribution made by the department in the immediately preceding state fiscal year; and
        (4) the results of an independent audit of the correlation between:
            (A) the distribution made by the department with respect to; and
            (B) the department's actual expenses related to;
        each program referred to in section 1 of this chapter in the immediately preceding state fiscal year.".