Form 49785 - Affidavit: Applicant Notification To Adjoining Property Owners/occupants - State Of Indiana Page 2
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2Permitting Activities Subject to the Notice of Adjoining Property Owners/Occupants Requirements
The following is a list of some (but not necessarily all) of the IDEM-issued permits for which applicants also should notify
adjoining property owners/occupants and complete the affidavit on page one (1) (on the reverse side of this page).
Air Permits:
Water Permits
Waste Permits
:
:
Registrations
New NPDES Individual Permits
New Solid Waste Processing or
New Source Construction Permits
NPDES Permit Modifications which
Disposal Facilities
Prevention of Significant Deterioration
add limits for new pollutants or
Major or Minor Modifications to
or Emission Offsets
increase limits above existing
Existing Solid Waste Processing or
Minor or Significant Modifications
permitted levels
Disposal Facilities
(Construction) to Existing Sources
Industrial Wastewater Pretreatment
Land Application of Biosolids Permits
Construction of Sources of Hazardous
Permit
Wastewater Land Disposal Permits
Air Pollutants (HAPs)
Storm Water Construction Rule 5
Waste Tire Processing or Storage
Source Specific Operating Agreements
Industrial Storm Water Rule 6
Facility Registration
(SSOA)
New General Permits (Rules 7-12)
Hazardous Waste Treatment/Storage/
Relocations of Portable Sources
Industrial Wastewater Facility
Disposal Facility; New Permit or
Minor Source Operating
Construction
Class 2 or Class 3 Modification
Permit (MSOP)
Municipal Wastewater Facility
Confined Feeding Approvals [Also see
Federally Enforceable State
Construction (except sewers, see
IC 13-18-10-2(b)]
Operating Permit (FESOP)
below)
Title V Permits
The following permits are exempt from the requirement; a) any permit renewals, or b) permits for the construction,
installation, or modification of 1) a sanitary sewer, 2) a storm sewer, 3) a public water supply, 4) a water main extension, or
5) any water or wastewater operator training approvals, reports or certifications, or 6) 401 Water Quality Certifications.
IC 13-15-8
requires permit applicants to comply with certain notification requirements when seeking to undertake
permitted activities on land that is undeveloped, or on land for which a valid existing permit has not been issued. Not more
than ten (10) working days (not including Saturdays, Sundays, state holidays or days on which IDEM is closed during regular
business hours) after submitting an application for an environmental permit issued by IDEM, the person that submitted the
application for the permit shall make a reasonable effort to provide notice:
(1) to all owners of land that adjoins the land that is the subject of the permit application; or
(2) if the owner of land that adjoins the land that is the subject of the permit application does not occupy the land, to
all occupants of the land;
that the person submitted an application for a permit, or permits.
To be safe, reasonable efforts should be made to notify all owners and occupants of adjoining property. The notice must 1)
be in writing, 2) include the date on which the application for the permit was submitted to the department, and 3) include a
brief description of the subject of the application. Failure to adequately notify owners and occupants of the adjoining
property could be grounds to appeal the permit to an environmental law judge. Such an appeal could result in the permit
being held invalid.
Recommendations For Compliance With The Notice To Adjoining Property Owner/Occupant
Requirements
To avoid such problems with the permit, and to ensure that adjoining property owners and occupants
receive the notification to which they are entitled, it is recommended that applicants consider the following:
I.
Carefully document all the steps that you take to make a reasonable effort to provide notice to the owners and
occupants of the adjoining land. Save any receipts or other proof of your efforts.
II.
Obtain the names and mailing addresses of the owners of the adjoining property from the tax assessor’s office in the
county where the property is located.
III.
Review the records at the county recorder’s office to ensure that the adjoining properties have not been sold since
the last tax bills were due.
IV.
Establish a record of mailing your notice by using certified mail or certificates of mailing when using the U.S. Mail
service to contact property owners and occupants.
V.
Provide a second copy of the notification letter for each dwelling on the property which can be forwarded by the
owner to the tenant who may be occupying their property.
VI.
Mail separately a second copy of each notification letter addressed “To the Occupant of” each property address for
which there is any uncertainty regarding whether the occupant is also the owner.
VII.
If the adjoining property consists of more than one dwelling unit, mail a notice to each unit (while establishing some
record of mailing) or go door-to-door distributing the notification and somehow document that delivery. You might
consider obtaining signatures.
Note: Because the statute requires that permit applicants notify adjoining property owners and occupants “within ten (10)
working days after submitting an application for a permit,” a single facility that must obtain more than one new environ-
mental permit must comply with the notice requirements each time a permit application is submitted. However, if multiple
permit applications are submitted at or about the same time, a single notice listing all permits applied for in the previous ten
(10) days will be sufficient notice for those permits. An original copy of this form must be submitted with each application.
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