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Jan. 2013
BACKGROUND
Vernal Pike Transfer and Recycling (VPTR) has submitted a “Permit Application” for a “Solid Waste Processing Facility (SWPF)” to the Indiana Department of Environmental Management (IDEM). You might be familiar with the existing trash transfer station on SR 37 south, between Dillman Road and old 37. That is a permitted SWPF. The Permit Application prepared by VPTR requests that IDEM grant a permit allowing VPTR to construct and operate a SWPF (i.e., “trash transfer station”) on Vernal Pike, at/near the current JB Salvage operation.
PERMIT PROCESS DESCRIBED
The permit process that VPTR has started is summarized as follows.
1. VPTR prepares and submits to IDEM a “permit application” – a very lengthy and detailed document that is defined in multiple IDEM rules and regulations. This starts a clock ticking toward a deadline by which IDEM must, by law, make a decision to approve or deny the application. This step was completed on Nov. 7, 2012.
2. IDEM conducts a two-part review process. Part 1 is a ‘completeness’ review. Part 2 is a ‘technical review’.
3. Completeness review: During this step, the agency makes no attempt to approve or deny the application, they simply take inventory of the contents of the document, checking to confirm that every element required by the rules is present. They take this step because over many years of permit administration they have learned that the initial permit application document is almost always deemed incomplete. IDEM cannot make a decision on approval of the application if the application document is incomplete, so they start with the completeness review.
4. IDEM communicates with VPTR defining the missing elements, questions, etc. that lead to the ‘incomplete’ determination using a letter that they call a “Request for Information”. When this letter is issued, the countdown clock on IDEM’s review time is paused.
5. VPTR responds to IDEM providing the information requested. The review clock comes back ‘on’.
6. IDEM determines that the application document is complete, begins its Technical review and issues a letter to VPTR stating this. This letter includes a request from IDEM to VPTR to place a copy of the complete application document in the public library for 30 to 45 days.
7. Along with the letter to VPTR, IDEM publishes a legal notice that they have received a complete application and that it is available at the local library for a 30-day public review and comment period.
8. Depending on the nature of the public comments received, IDEM may choose to hold a public meeting, however this is not a given.
9. After public review is complete, IDEM continues with its technical review and issues a decision either to grant the permit or to deny the application – and stating its grounds for doing so.
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STATUS OF THE VPTR APPLICATION PROCESS
VPTR did submit a permit application to IDEM on November 7, 2012. IDEM is conducting its “Completeness review” now (that is, we are not aware that IDEM has finished this step yet). As described above, nothing else happens until IDEM determines that it does have a complete application.
The application document that has been submitted by VPTR is in the public file repository at IDEM, and can be accessed via the web address provided below. Keep in mind that this document has not been deemed complete by IDEM (in fact, likely will be deemed incomplete). Therefore, we can be confident that this version of the document is NOT the version that IDEM will rely on to decide whether to grant the permit or deny the application.
IDEM RESOURCES FOR CITIZENS
Excerpt from http://www.in.gov/idem/6066.htm
What are individual permits?
Individual environmental permits are issued on a facility specific, case-by-case basis. Individual permits are usually used to regulate large or complex facilities and sources with a potential for significant environmental impact.
What is the overall process IDEM follows to issue an individual environmental permit?
Although the review process for each of the various types of air, water, and waste disposal permitting programs is slightly different, below is a general description of the process for individual permits:
Step 1 - The Application
The applicant submits a permit application form and a non-refundable fee.
• The application contains basic information such as:
o Who will own or assume legal responsibility for the facility,
o Where the responsible party may be reached, and
o Where the new facility or source is to be located.
• The application also should include detailed technical information describing the facility and how it will be built and operated. The level of detail may differ, depending on the facility.
IDEM only has a certain amount of time to review each environmental permit application, and to make a decision about whether to issue or deny a permit. The time limit varies with the type of permit being sought. When a permit application is received, a "time clock" begins to run. That time clock only stops running:
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• While IDEM waits for the applicant to provide more information needed to make a decision,
• If the applicant agrees that the time clock may be stopped, or
• When the final permitting decision is issued.
IDEM requires the permit application be completed before IDEM will consider whether or not to issue the permit. If portions of the application are incomplete, or additional information is required prior to issuing the permit decision, a notice of deficiency (NOD) will be sent to the applicant. If a notice of deficiency is sent to the applicant, the permit time clock will be stopped, and no further work on the permitting request will be done until all the application is complete.
If a public hearing is held regarding issuance of the permit, 30 to 45 additional days are added to the "time clock." If IDEM does not complete the application review and issue a final permitting decision within the deadline, the agency must refund the application fee.
Most permit applications require the applicant to provide a list of interested parties, also known as stakeholders, who may be affected by the permit. IDEM will then notify all stakeholders at the time of decision on the permit request. In addition, IDEM must notify specific local officials identified by the applicant.
Applicants generally are required to notify the adjoining property owners or occupants that an application for a permit for a new or expanding facility or source has been filed. This notification is not required for permit renewals.
Step 2 - The Public Participation Process
For solid waste disposal permits issued by IDEM, a public comment period is held as soon as all the information required to process the application has been received.
For permits associated with air emissions or wastewater discharges, staff will first review the complete application and prepare a draft permit. Once the draft permit is prepared, it is available for public review during a public comment period.
During the public comment period, the public may submit comments and concerns about the proposed permit to IDEM. Depending on the level of public interest, a public meeting or public hearing may also be held during the public comment period.
After the conclusion of the public comment period, IDEM will consider all comments received and either prepare the final permit or deny the permit request. Written responses will be prepared for all comments received.
Step 3 - The Permitting Decision
A notice of decision describing the project, the type of permit requested and whether a permit was issued or denied will be sent to the applicant and various local officials. Anyone who submitted public comments or requested to be notified of the decision and any persons identified by the applicant as having an interest will also receive a notice of decision.
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If a permit is issued, the applicant will receive a copy of the permit. Interested parties may view a public copy of the permit, the location of which will be described in the notice of decision. Often, these documents are displayed at a library, a county health department, or in the IDEM file room. Some program areas post permits on the IDEM Web site. Additionally, a copy of the permit may be requested, although a copying fee may be charged. The notice of decision will also include IDEM's response to public comments. If the permit is denied, the notice of decision will also explain why IDEM denied the permit.
Step 4 - Appeals
Each notice of decision also will provide information about how any interested party may appeal IDEM's final decision to issue or deny a permit. Appeals must be filed with the Indiana Office of Environmental Adjudication (OEA)
When should you be notified?
State law says that certain permit applicants must notify all "adjoining property owners and occupants.” This means the owner must notify adjoining property owners, as well as anyone who may be renting businesses or homes on adjoining properties. This also includes residents of apartments, mobile homes, or mobile home lots. Adjoining property owners and occupants also include those located across the street or road from the facility seeking an environmental permit, or permits.
This requirement applies to nearly all air, water, or waste disposal permits. If the applicant fails to meet the notification requirement, that failure can be grounds for an appeal of any permit issued.
After submitting an environmental permit application, the applicant must provide notice to adjoining properties in writing within 10 working days. This time limit does not include Saturdays, Sundays or state holidays. Additionally, the written notice must include the date the permit application was submitted to IDEM and must briefly describe the proposed project and type of permit being sought.
The requirement to notify adjoining property owners or occupants does not apply to the renewal of any existing permit, if no expansion is part of that permit renewal. It also does not apply to permits for the construction, installation or changes to:
• sanitary sewers;
• storm sewers;
• public water supplies;
• water main extensions; or,
• 401 Water Quality Certifications.
When or how are your local officials involved?
State law requires IDEM notify county commissioners and the top official for a city or town within ten days of receiving an application for an environmental permit. Other local officials may also be notified. Some program areas also notify local officials of the final permitting decision. To
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fulfill this duty, IDEM will also accept a certification from the applicant that they notified local officials.
Excerpt from http://www.in.gov/idem/6115.htm
How can you participate in the process when IDEM is considering issuing a permit for a transfer station (including those with an associated recycling center)?
• What:
o Regulate entities that process solid waste.
• Applicant Responsibilities:
o Notify adjoining property owners/occupants.
• IDEM Responsibilities:
o Notify local officials and interested parties of application and notice of decision.
• Public Notice:
o Published in a local newspaper.
• Public Comment Period:
o 30 days.
• Public Meeting:
o May be held by request.
• Other Important Considerations:
o IDEM has 180 days to issue a decision on a new permit.
As with most other IDEM permits, the applicant must notify adjoining property owners. IDEM will notify local county and city or town officials that an application for this type of permitting approval has been received. IDEM has 180 days to consider applications for transfer station permits.
When a permit application for a new solid waste processing facility or transfer station or major permit modification of one of these permits is declared complete by IDEM, a public notice is published in a local newspaper. If the facility is located within one mile of the county boundary, a public notice also will be published in a local newspaper in that county as well. In addition, the public notice will be placed on the IDEM Web site.
The public notice will describe the proposed project and announce the beginning of a 30 day public comment period, providing instructions on how to submit comments. It also will advise that a copy of the permit application may be viewed in the IDEM file room and describe how a public hearing can be requested. When the permit decision is reached, IDEM will issue a notice of decision that summarizes the permit and lists where it may be viewed. A response to the comments received during the public comment period also is included with the notice of decision, as well as information on how IDEM's permitting decision may be appealed.
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REFERENCES
Complete “Guide for Citizen Participation” http://www.in.gov/idem/files/cit_guide_complete.pdf
VPTR Permit Application, Nov 7 2012 (download instructions follow):
Go to http://vfc.idem.in.gov/Pages/Member/Search.aspx,
On this page, look in the upper right-hand corner. There is a dialog box titled “document #:” Enter 67075996 in this box, then click the “go” button.
By and by an image of the document will load. If the system asks you to “run” or “accept” some things, do so as these functions are needed in order to get the image from IDEM’s system to load on your PC.
When the document is open, you can save it to your PC by using the “print” function and printing it to a pdf file.
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