Section 329IAC10-3-4. Exclusion; disposal of wastes that meet restricted waste site Type IV criteria

   (a) Except as provided in this section, the disposal of coal ash residues (including flue gas desulphurization sludge), foundry sands, and other wastes that have been classified by the commissioner to meet the criteria established in 329 IAC 10-9-4 for restricted waste site Type IV waste is not subject to this article.

  (b) Restricted waste site Type IV waste must not be disposed of in violation of the prohibitions specified under the following:

(1) Wetlands in violation of Section 404 of the Clean Water Act.

(2) The critical habitat of an endangered species as defined by 50 CFR 17.

(3) Any floodways:

(A) with drainage areas greater than one (1) square mile without the approval of the department of natural resources; or

(B) without provisions to prevent washout of the waste.

(4) Within areas of karst topography:

(A) without provisions to collect and contain all of the leachate generated; and

(B) without a demonstration that the integrity of the area within the solid waste boundary will not be damaged by subsidence.

(5) Over mines unless it is demonstrated that the integrity of the area within the solid waste boundary will not be damaged by subsidence.

(6) Within six hundred (600) feet of a potable water well in use as a water supply for a dwelling or dwellings on the date of public notice for zoning approval for the permitted activity or the date of waste classification by the commissioner, whichever occurs first, unless written consent is obtained from the owner of the well.

  (c) The disposal of all restricted waste site Type IV waste must meet the disposal control requirements specified under the following:

(1) If the disposal operation is found to be in violation of fugitive dust regulations of the air pollution control board or if the commissioner documents evidence of visible waste deposits carried by wind or surface water beyond the site property boundary, restricted waste site Type IV must:

(A) apply daily cover; and

(B) submit a plan to control dispersal.

(2) Application of daily cover must continue until a dispersal control plan is approved by the commissioner.

  (d) Restricted waste site Type IV waste must not be disposed into standing water where the standing water reflects the water table. (Solid Waste Management Division; 329 IAC 10-3-4; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1796; errata filed Apr 4, 1996, 4:00 p.m.: 19 IR 2045; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3777; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535)