Sec. 5. (a) The department may reject an application submitted under section 2 of this chapter only for one (1) or more of the following reasons:
(1) A state or federal enforcement action that concerns the remediation of the hazardous substance or petroleum described in the application is pending.
(2) A federal grant requires an enforcement action at the site.
(3) The condition of the hazardous substance or petroleum described in the application constitutes an imminent and substantial threat to human health or the environment.
(4) The application is not complete.
(b) If an application is rejected under subsection (a)(4), the department, not more than forty-five (45) days after the department receives the application, shall provide the applicant with a list of all information needed to make the application complete. If the department fails to comply with this subsection, the application shall be considered completed for the purposes of this chapter.
(c) If the department rejects an application, the department shall do the following:
(1) As described under IC 4-21.5-3-4(b) and IC 4-21.5-3-4(c), notify the applicant that the department rejected the application.
(2) Explain the reason the department rejected the application.
[Pre-1996 Recodification Citation: 13-7-8.9-10.]
As added by P.L.1-1996, SEC.15.