Section 329IAC10-13-6. Permit revocation and modification

   (a) The commissioner may revoke or modify a permit issued under this article if cause exists under IC 13-15-7-1 and may request an updated application if necessary. When a permit is modified, only the conditions modified are reopened and subject to review under IC 13-15-7-3. If a permit is revoked, the entire permit is reopened and subject to revision and if the permit is reissued, it may be for a new term.

  (b) If the solid waste land disposal facility is located in an area that is not suitable for the placement of waste as specified by this article, the department shall consider the nonsuitability issue as a sufficient basis for denying the modification or for revoking the permit unless the permittee demonstrates to the department that continued use of the solid waste land disposal facility will not pose a threat to human health or the environment.

  (c) To request a change in the solid waste land disposal facility plans or operation, the permittee must request that the commissioner modify the permit before any permitted changes are made in the approved plans. The application must provide the rationale for such modification to the commissioner for review. If the commissioner determines that the requested modification is consistent with this article, the commissioner shall grant the modification. Only the conditions modified are reopened. The commissioner shall give notice to the permittee of the determination on the modification in accordance with IC 4-21.5-3.

  (d) Other than for minor modifications, requests to modify a permit to increase the permitted acreage of the solid waste disposal area of a solid waste land disposal facility shall be processed in accordance with section 1 of this rule. (Solid Waste Management Division; 329 IAC 10-13-6; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1815; filed Mar 19, 1998, 11:07 a.m.: 21 IR 2758; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3794; filed Feb 9, 2004, 4:51 p.m.: 27 IR 1806, eff Apr 1, 2004)