329 IAC 4.1-9-4 Public notice and public participation

Sec. 4. (a) An applicant submitting a request for approval of an alternative disposal facility under 329 IAC 4.1-4-1, which incorporates 40 CFR 761.60(e) by reference, shall submit a signed affidavit to the department agreeing to notify adjoining landowners with a notice as described in 329 IAC 10-12-1(b) and shall thereafter comply with the public notice and public participation requirements in 329 IAC 10-12-1(b) through 329 IAC 10-12-1(f) as follows: (1) For an alternative disposal facility for which construction was started before August 13, 2000, the owner or operator shall comply with 329 IAC 10-12-1(b) through 329 IAC 10-12-1(f) before beginning: (A) storage; (B) separation; (C) processing; (D) recovery; or (E) treatment; of PCB waste under this article. (2) For an alternative disposal facility for which construction is started on or after August 13, 2000, the owner or operator shall comply with 329 IAC 10-12-1(b) through 329 IAC 10-12-1(f) before beginning construction of the facility. (b) The department shall comply with 329 IAC 10-12-1(g) through 329 IAC 10-12-1(i) as appropriate after receipt of a request for approval under this section. (c) Failure of the applicant to comply with the requirements of this section may result in denial of the application by the commissioner.