Section 329IAC16-5-1. Registration

   (a) The owners or operators of all applicable facilities listed under 329 IAC 16-1-2 are required to register, unless exempted under 329 IAC 16-3-1 or permitted under 329 IAC 16-4-1. A registration is for a fixed term not to exceed five (5) years.

  (b) The registration form must be:

(1) filled out completely; and

(2) submitted to the commissioner on a form or in a format provided by the commissioner.

  (c) The commissioner may require the registration to be submitted electronically, as specified in subsection (d), with an electronic signature.

  (d) A registration may be submitted via electronic media, such as the following:

(1) Compact disc or digital video disc.

(2) Electronic mail or attachments to electronic mail.

(3) File transfer protocol or FTP.

(4) Hypertext transfer protocol or HTTP.

(5) Other electronic media deemed acceptable by the department.

  (e) The registration must be renewed as follows:

(1) When any of the following occur:

(A) Five (5) years have elapsed since the last renewal.

(B) The commissioner determines that the process at the facility changed from the description in the current registration.

(C) The amount in tons of e-waste or electronic debris specified in subsection (f)(5) changes.

(2) The renewal form must be submitted at least sixty (60) days before the expiration date of the registration.

  (f) The registration must include the following information:

(1) The name of the owner, operator, and landowner, if different from the registered facility owner.

(2) Addresses and telephone numbers for the owner, operator, and landowner.

(3) The location of the facility.

(4) The type of facility.

(5) The maximum amounts, in tons, of e-waste or electronic debris to be stored on site and the probable duration of storage in business days.

(6) Specify the location where electronic waste will be stored in:

(A) a building;

(B) a container; or

(C) a vehicle.

(7) The material for the building floor for all areas where e-waste and electronic debris will be:

(A) stored; or

(B) processed.

(8) A detailed description of e-waste and electronic debris:

(A) storage;

(B) handling;

(C) processing;

(D) treatment; and

(E) final disposition.

(9) The maximum total amount, in tons, of e-waste capable of being processed per day.

(10) Other permits from the department for the facility.

(11) The date the facility became operational or will be operational.

(12) A contingency action plan that specifies the following:

(A) An outline of the method or methods of waste disposal to be implemented if the registered facility is unable to operate or process.

(B) The maximum amounts of e-waste as specified in subdivision (5) and electronic debris on site at any one (1) time.

(C) Procedures for controlling:

(i) fire;

(ii) explosion;

(iii) spills; and

(iv) contamination.

(D) Areas where e-waste and electronic debris are contained or stored.

(E) A floor plan of the registered facility.

(F) A map that identifies the facility location and any access roads.

(G) Telephone numbers for the fire department responsible for responding to a fire or emergency at the registered facility.

(13) A description of any electronic debris resulting from the processing of e-waste.

(14) Cleanup procedures for areas for:

(A) storage;

(B) electronic waste processing;

(C) loading; and

(D) unloading.

(15) The financial assurance documentation required under 329 IAC 16-11-1.

  (g) The owner or operator must sign and submit the following certification with the registration: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including a fine or imprisonment for a knowing violation. I further certify that I am authorized to submit this information.".

  (h) The commissioner or a designee may deny, limit the length of, or place additional conditions on a registration under the following circumstances:

(1) The commissioner, under IC 13-15-7, has revoked the applicant's previous registration under this article.

(2) The registration form is incomplete.

  (i) The issuance of a registration does not:

(1) convey any property right of any sort or any exclusive privileges;

(2) authorize any injury to persons or private property;

(3) authorize any invasion of other private rights;

(4) authorize any infringement of federal, state, or local laws or regulations; or

(5) preempt any duty to comply with other state or local requirements.

  (j) The commissioner or a designee may revoke or modify a registration issued under this article for any of the following reasons:

(1) Violation of a requirement of this article or a condition of the registration.

(2) Failure to disclose all relevant facts in obtaining a registration under this article.

(3) A misrepresentation made in obtaining a registration under this article.

(4) Failing to meet the requirements for a registration.

(5) Failure to correct a condition as agreed to in an Agreed Order with the department or, within the time established in the Agreed Order, come into compliance with one (1) or both of the following:

(A) The registration.

(B) This article.

  (k) If a registration is modified, denied, or revoked under this article, the owner or operator may appeal under IC 4-21.5-3.

  (l) A registration is not transferable. A new owner or operator:

(1) must submit a registration form to the commissioner thirty (30) days in advance of taking ownership of the facility; and

(2) may operate the facility in the interim.

(Solid Waste Management Division; 329 IAC 16-5-1; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA; readopted filed Jul 29, 2013, 9:20 a.m.: 20130828-IR-329130179BFA; filed Jan 23, 2015, 10:34 a.m.: 20150218-IR-329140019FRA)