Section 329IAC10-20-23. Control program for regulated hazardous waste, PCB waste, and unauthorized solid waste

   (a) The owner, operator, or permittee of an MSWLF shall implement a program at the MSWLF for detecting and preventing the disposal of regulated hazardous waste as determined by 40 CFR 261.3 or 329 IAC 3.1, polychlorinated biphenyls (PCB) waste as defined in 40 CFR 761, and unauthorized solid waste. This program must include, at a minimum, the following:

(1) Random inspections of incoming loads unless the owner, operator, or permittee takes other steps to ensure that incoming loads do not contain regulated hazardous waste, PCB waste, or unauthorized solid waste. A random inspection program must include the following:

(A) An inspection conducted by an individual, or individuals, trained to identify regulated hazardous waste, PCB waste, or unauthorized solid waste that would not be acceptable for disposal at the MSWLF.

(B) Loads must be inspected prior to actual disposal of the waste at the working face to provide the owner, operator, or permittee the opportunity to refuse to accept the waste.

(C) Loads must be inspected in a manner that does not present a threat to human health and the environment.

(D) The frequency must result in screening at least two percent (2%) of all waste loads.

(E) The commissioner may require additional inspections or steps be taken to adequately control the receipt of regulated hazardous waste, PCB waste, and unauthorized solid waste.

(F) This program may be modified to increase the frequency based on results of the initial program.

(2) If an alternative program to random inspections is going to be utilized then a description of the alternative program must be maintained on site and provided to the commissioner upon request. At a minimum an alternative program must provide an equivalent level of detection or protection as the random inspections describe in subdivision (1). The alternative program may be reviewed and modified by the commissioner to assure equivalency.

(3) Records of any inspections.

(4) Training of MSWLF personnel to identify or recognize the visual indications of regulated hazardous waste, PCB waste, or unauthorized solid waste.

(5) Written notification must be mailed within forty-eight (48) hours, or two (2) working days, to the commissioner if a regulated hazardous waste, or PCB waste is discovered at the MSWLF.

  (b) If the owner, operator, or permittee of a MSWLF detects regulated hazardous waste, PCB waste, or unauthorized solid waste, the owner, operator, or permittee shall remove and segregate the waste immediately. The waste shall be handled as follows:

(1) Any regulated hazardous waste, PCB waste, or unauthorized solid waste that is detected by the owner, operator, or permittee must be managed in accordance with applicable Indiana and federal regulations.

(2) Any regulated hazardous waste, PCB waste, or unauthorized solid waste that is segregated must be adequately secured and contained to prevent leakage or a threat to human health and the environment.

(3) The owner, operator, or permittee shall cause the waste to be removed as soon as practicable, but not to exceed ninety (90) days after discovery, by a person authorized by applicable state and federal regulations to transport such waste to a MSWLF approved by applicable state and federal regulations to receive it for treatment, storage, disposal, transfer, processing, recycling, or composting.

(4) The owner, operator, or permittee shall maintain a record on site identifying the date of discovery of the waste, the identity of the waste, including source, if known, and a description of how the waste was managed.

(Solid Waste Management Division; 329 IAC 10-20-23; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1852; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3833; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535)