Section 329IAC10-11-7. Demonstration and determination of need requirements

   (a) This section applies to all permits for new solid waste land disposal facilities or major modifications of permits submitted after March 20, 1990, except those solid waste land disposal facilities exempt under IC 13-20-1.

  (b) In accordance with subsection (a) and in addition to other permit application requirements outlined in this article, the following are also required:

(1) A description of the anticipated area that would be served by the solid waste land disposal facility as indicated by the following:

(A) Solid waste management districts or portions of districts.

(B) A county, multiple counties, or portions of counties.

(C) A county or multiple counties and the state if the area includes portions outside of Indiana.

(2) A description of the existing solid waste facilities that serve the same described area.

(3) A description of the need that would be fulfilled by constructing the proposed solid waste land disposal facility, as follows:

(A) If the solid waste land disposal facility is proposed in areas with approved district solid waste management plans, a description of the need identified in the district solid waste management plan required by IC 13-21-5.

(B) If the solid waste land disposal facility is proposed in areas without approved district solid waste management plans, a description of the need for the proposed area to be served.

(4) A description of recycling, composting, or other activities that the solid waste land disposal facility would operate within the proposed area of service.

(5) A description of the additional disposal capacity that the solid waste land disposal facility, if permitted, would provide for the proposed area of service.

(6) Additional information as requested by the commissioner.

  (c) This application requirement is satisfied if it is determined that the capacity applied for is reasonably related to the need shown based upon:

(1) average or representative annual existing disposal volumes for the solid waste land disposal facility, multiplied by twenty (20) years;

(2) twenty (20) year solid waste disposal projections in approved solid waste district plans for each solid waste management district identifying the solid waste land disposal facility as a facility to be used by the district;

(3) a shortfall in capacity as shown by the twenty (20) year solid waste plan for the solid waste management district in which the solid waste land disposal facility is located; or

(4) any combination of the criteria listed in this subsection.

  (d) The commissioner shall review the submitted application and the accompanying materials in accordance with provisions of this article. If it is determined that there is not a local or regional need in Indiana for the solid waste land disposal facility, the commissioner shall deny the permit application. (Solid Waste Management Division; 329 IAC 10-11-7; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1812; filed Mar 19, 1998, 11:07 a.m.: 21 IR 2755; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3792; readopted filed Aug 1, 2008, 10:28 a.m.: 20080827-IR-329080332BFA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR-329140187BFA)