Section 329IAC10-16-3. Wetlands siting restrictions

   (a) This section applies to:

(1) permit applications under this article for new MSWLFs and lateral expansions; or

(2) new MSWLFs permitted under 329 IAC 1.5, which was repealed in 1989, or 329 IAC 2, which was repealed in 1996.

  (b) Applicants for new MSWLFs and lateral expansions that are applying for a permit under this article, and new MSWLFs permitted under 329 IAC 1.5, which was repealed in 1989, or 329 IAC 2, which was repealed in 1996, must not:

(1) locate any MSWLF unit within the MSWLF in violation of Section 404 of the Clean Water Act (33 U.S.C. 1344 as amended February 4, 1987);

(2) cause or contribute to violations of the Section 401 water quality certification of the Clean Water Act (33 U.S.C. 1341 as amended December 27, 1977); and

(3) dredge and fill wetlands under the Clean Water Act (33 U.S.C. 1344 as amended February 4, 1987) without an appropriate permit.

(Solid Waste Management Division; 329 IAC 10-16-3; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1827; errata filed Apr 4, 1996, 4:00 p.m.: 19 IR 2046; filed Mar 19, 1998, 11:07 a.m.: 21 IR 2770; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3808)