Section 329IAC10-28-22. Prohibition on accepting municipal waste by a nonmunicipal solid waste landfill

   (a) Prior to accepting a shipment of municipal waste from a transfer station located inside or outside of Indiana, a nonmunicipal solid waste landfill must receive a copy of the manifest and must review the manifest to determine whether the items listed under 329 IAC 11-15-3 are included on the manifest.

  (b) A nonmunicipal solid waste landfill must not knowingly accept a shipment of municipal waste from a transfer station located inside or outside of Indiana if:

(1) the municipal waste is not accompanied by a manifest that contains the information required under 329 IAC 11-15-3; or

(2) the nonmunicipal solid waste landfill has received notice from the department that the commissioner has issued an order under IC 13-20-6-3 [IC 13-20-6-3 was repealed by P.L.154-2005, SECTION 17, effective July 1, 2005.] or IC 13-20-6-4 that suspends the waste transfer activities within Indiana of the transfer station or operator that is listed on the manifest accompanying the shipment of municipal waste.

  (c) Subsection (b)(2) does not apply unless the department has sent a notice by certified mail, return receipt requested, to the nonmunicipal solid waste landfill that the commissioner has suspended the waste transfer activities of the transfer station or operator listed on the manifest. The notice must contain the following:

(1) The name of the operator or transfer station subject to the commissioner's order to suspend waste transfer activities.

(2) The date on which the waste transfer activities are suspended under the commissioner's order.

(3) The acknowledgement number issued to the operator under IC 13-20-6 if applicable.

(4) The location of the transfer station if the order applies to a transfer station.

  (d) Subsection (b)(2) does not apply after the department has notified a suspended transfer station or operator that they may resume waste transfer activities in Indiana. The notice to the formerly suspended transfer station or operator must contain the date in which waste transfer activities may resume. A copy of this notice must be sent by the department, via certified mail, return receipt requested, to each nonmunicipal solid waste landfill that was sent the applicable notice under subsection (c). (Solid Waste Management Division; 329 IAC 10-28-22; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1899; errata filed Dec 6, 1999, 9:41 a.m.: 23 IR 813; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed May 14, 2007, 1:53 p.m.: 20070523-IR-329070138BFA; readopted filed Jul 29, 2013, 9:20 a.m.: 20130828-IR-329130179BFA)