Section 329IAC10-3-2. Exclusion; hazardous waste

   (a) Hazardous wastes are regulated by and shall be treated, stored, and disposed of in accordance with 329 IAC 3.1. Hazardous waste that is regulated by 329 IAC 3.1 is not subject to the provisions of this article, except as provided in subsection (c).

  (b) No hazardous waste that is regulated by 329 IAC 3.1 shall be disposed at any solid waste land disposal facility regulated under this article, except as provided in subsection (c).

  (c) Hazardous waste generated by a conditionally exempt small quantity generator (CESQG hazardous waste), as regulated under 40 CFR 261.5, revised July 1, 2002, may only be disposed of in either:

(1) a municipal solid waste landfill permitted in accordance with this article; or

(2) a hazardous waste landfill permitted in accordance with 329 IAC 3.1.

  (d) Facilities permitted under 329 IAC 3.1 are not required to obtain permits under this article for the storage, treatment, or disposal of nonhazardous solid waste where such solid waste is treated or disposed of as a hazardous waste at the receiving hazardous waste facility. (Solid Waste Management Division; 329 IAC 10-3-2; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1795; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3776; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Feb 9, 2004, 4:51 p.m.: 27 IR 1798, eff Apr 1, 2004)