Section 329IAC10-14-2. Weighing scales

   (a) This section applies to either of the following:

(1) Solid waste land disposal facilities receiving a permit from the department after January 1, 1994, that are required to install weighing scales.

(2) Existing solid waste land disposal facilities required to install weighing scales under the following conditions:

(A) The solid waste land disposal facility is open to accept solid waste for disposal.

(B) Based on reporting results required by section 1(a) of this rule, the solid waste land disposal facility accepts in any calendar year an annual average of more than fifty (50) tons of solid waste per operating day.

  (b) This section does not apply to any solid waste land disposal facility that receives solid waste from a person that:

(1) generates the solid waste; and

(2) disposes of the solid waste at a solid waste land disposal facility that is:

(A) owned by that person; and

(B) limited to use for the disposal of solid waste generated by that person.

  (c) Solid waste land disposal facilities required to install weighing scales by subsection (a) must:

(1) install the weighing scales within twelve (12) months of determining the installation is required;

(2) notify the department in writing of the date the weighing scales became operable after installation;

(3) effectively maintain and operate these weighing scales in accordance with IC 24-6;

(4) submit to inspection of the weighing scales under IC 24-6-3-5; and

(5) weigh all vehicles bringing solid waste to the working face of the solid waste land disposal facility and report the total weighed quantity of solid waste in tons as required by section 1 of this rule.

  (d) In the event that the weighing scales required in subsection (a) break down or are operating improperly:

(1) the solid waste land disposal facility owner, operator, or permittee may use the waste quantification methods in subsection (e) for the duration of the scale breakdown;

(2) the solid waste land disposal facility owner, operator, or permittee shall submit a written notification of the breakdown with each quarterly tonnage report required under section 1 of this rule for each affected quarter;

(3) the solid waste land disposal facility owner, operator, or permittee shall submit with the notification required by subdivision (2), the time frames for actions to be taken to repair the breakdown or inoperable weighing scales; and

(4) the solid waste land disposal facility owner, operator, or permittee shall notify the department in writing that the weighing scales are operable after any repair.

  (e) A solid waste land disposal facility required to report under section 1(a) of this rule but not required to install and operate weighing scales or a solid waste land disposal facility at which the scales are operating improperly or are temporarily inoperable shall use the most applicable of the following conversion factors to determine the weight of municipal solid waste from the volume of municipal solid waste:

(1) Three and three-tenths (3.3) cubic yards of compacted solid waste equals one (1) ton of solid waste.

(2) Six (6) cubic yards of uncompacted solid waste equals one (1) ton of solid waste.

(3) One (1) cubic yard of baled solid waste equals one (1) ton of solid waste.

  (f) Any solid waste land disposal facility accepting construction/demolition waste or pollution control waste, required to report under section 1(a) of this rule that is not required by subsection (a) to install weighing scales to weigh solid waste, shall use accepted engineering practices, production information, or other methods approved by the department to estimate the weight of construction/demolition waste and pollution control waste received at the solid waste land disposal facility.

  (g) Failure to install and operate weighing scales and to notify the department as required by this section constitutes an operational violation under 329 IAC 10-1-2. (Solid Waste Management Division; 329 IAC 10-14-2; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1817; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3796; filed Jul 14, 2004, 9:15 a.m.: 27 IR 3966)