Sec. 3. (a) A public hearing shall be held on the question of:

(1) the issuance of an original or renewal permit for a hazardous waste disposal facility under IC 13-22-3; or

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(2) the issuance of an original permit for a solid waste disposal facility or a solid waste incinerator regulated under IC 13-20-8;

as provided in subsection (b).

     (b) A public hearing shall be held under subsection (a) upon:

(1) the request of the applicant;

(2) the filing of a petition requesting a public hearing that is signed by one hundred (100) adult individuals who:

(A) reside in the county where the proposed or existing facility is or is to be located; or

(B) own real property within one (1) mile of the site of the proposed or existing facility; or

(3) the motion of the commissioner.

     (c) The public hearing authorized by this section does not constitute an agency action under IC 4-21.5.

[Pre-1996 Recodification Citation: 13-7-10-2(b).]

As added by P.L.1-1996, SEC.5.