Section 329IAC10-10-1. Applicability

   (a) Unless otherwise addressed in this rule, all MSWLFs and new and existing MSWLF units must comply with applicable requirements in this article.

  (b) Within one hundred twenty (120) days following April 13, 1996, the owner, operator, or permittee of a MSWLF permitted under 329 IAC 1.5, which was repealed in 1989, or 329 IAC 2, which was repealed in 1996, shall submit any necessary permit modification application to comply with the requirements of this article, 329 IAC 10, as effective on April 13, 1996.

  (c) On or before August 2, 2004, the owner, operator, or permittee of an MSWLF shall submit any necessary permit modification applications to comply with the requirements of this article as amended on April 1, 2004, unless subsection (d) is applicable.

  (d) On or before August 2, 2004, the owner, operator or permittee of an MSWLF shall submit information for the agency's approval which includes the SWP3 and associated information as required in 329 IAC 10-11-2.5(a)(10) through (13), 329 IAC 10-15-2(b)(10) and (11), 329 IAC 10-15-2(d)(4)(G) through (L), and 329 IAC 10-15-12 [329 IAC 10-11-2.5(a)(10) through 329 IAC 10-11-2.5(a)(13), 329 IAC 10-15-2(b)(10) and 329 IAC 10-15-2(b)(11), 329 IAC 10-15-2(d)(4)(G) through 329 IAC 10-15-2(d)(4)(L), and 329 IAC 10-15-12]. Approvals will be issued subject to the following schedule:

(1) Any owner, operator, or permittee of an MSWLF located in the counties of:

(A) Adams;

(B) Allen;

(C) Bartholomew;

(D) Benton;

(E) Blackford;

(F) Boone;

(G) Brown;

(H) Carroll;

(I) Cass;

(J) Clark;

(K) Clay;

(L) Clinton;

(M) Crawford;

(N) Daviess;

(O) Dearborn;

(P) Decatur;

(Q) Dekalb;

(R) Delaware;

(S) Dubois;

(T) Elkhart;

(U) Fayette;

(V) Floyd;

(W) Fountain;

(X) Franklin;

(Y) Fulton;

(Z) Gibson;

(AA) Grant; and

(BB) Greene;

in Indiana shall be issued an approval within sixty (60) days of the receipt of all information required. The sixty (60) day period shall be suspended from the date that a notice of deficiency has been issued by the department to the owner, operator, or permittee until receipt by the department of a complete and technically adequate response to the notice of deficiency.

(2) Any owner, operator, or permittee of an MSWLF located in the counties of:

(A) Hamilton;

(B) Hancock;

(C) Harrison;

(D) Hendricks;

(E) Henry;

(F) Howard;

(G) Huntington;

(H) Jackson;

(I) Jasper;

(J) Jay;

(K) Jefferson;

(L) Jennings;

(M) Johnson;

(N) Knox;

(O) Kosciusko;

(P) LaGrange;

(Q) Lake;

(R) LaPorte;

(S) Lawrence;

(T) Madison;

(U) Marion;

(V) Marshall;

(W) Martin;

(X) Miami; and

(Y) Monroe;

in Indiana will be issued an approval within ninety (90) days of the receipt of all information required. The ninety (90) day period shall be suspended from the date that a notice of deficiency has been issued by the department to the owner, operator, or permittee until receipt by the department of a complete and technically adequate response to the notice of deficiency.

(3) Any owner, operator, or permittee of an MSWLF located in the counties of:

(A) Montgomery;

(B) Morgan;

(C) Newton;

(D) Noble;

(E) Ohio;

(F) Orange;

(G) Owen;

(H) Parke;

(I) Perry;

(J) Pike;

(K) Porter;

(L) Posey;

(M) Pulaski;

(N) Putnam;

(O) Randolph;

(P) Ripley;

(Q) Rush;

(R) St. Joseph;

(S) Scott;

(T) Shelby;

(U) Spencer;

(V) Starke;

(W) Steuben;

(X) Sullivan;

(Y) Switzerland;

(Z) Tippecanoe;

(AA) Tipton;

(BB) Union;

(CC) Vanderburgh;

(DD) Vermillion;

(EE) Vigo;

(FF) Wabash;

(GG) Warren;

(HH) Warrick;

(II) Washington;

(JJ) Wayne;

(KK) Wells;

(LL) White; and

(MM) Whitley;

in Indiana will be issued an approval within one hundred twenty (120) days of receipt of all information required. The one hundred twenty (120) day period shall be suspended from the date that a notice of deficiency has been issued by the department to the owner, operator, or permittee until receipt by the department of a complete and technically adequate response to the notice of deficiency.

(Solid Waste Management Division; 329 IAC 10-10-1; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1807; errata filed Apr 4, 1996, 4:00 p.m.: 19 IR 2045; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3787; filed Feb 9, 2004, 4:51 p.m.: 27 IR 1799, eff Apr 1, 2004)