Section 329IAC10-36-19. Definitions

   As used in sections 17 and 18 of this rule, the following definitions apply:

(1) "Manifest" means the form used for identifying the quantity, origin, and operators involved in a shipment, and the destination of municipal solid waste during its transportation.

(2) "Municipal waste", as defined in IC 13-11-2-133, means any garbage, refuse, industrial lunchroom or office waste, and other material resulting from the operation of residential, municipal, commercial, or institutional establishments, and community activities. The term does not include the following:

(A) Hazardous waste regulated under:

(i) IC 13-22-1 through IC 13-22-8 and IC 13-22-13 through IC 13-22-14; or

(ii) the federal Solid Waste Disposal Act, 42 U.S.C. 6901 et seq., in effect on January 1, 1990.

(B) Infectious waste as defined in IC 16-41-16-4.

(C) Wastes that result from the combustion of coal and that are referred to in IC 13-19-3-3.

(D) Materials that are being transported to a facility for reprocessing or reuse.

(E) As used in this subdivision, "reprocessing or reuse" does not include either of the following:

(i) Incineration.

(ii) Placement in a landfill.

(3) "Operator", as defined in IC 13-11-2-148(c), means a corporation, a limited liability company, a partnership, a business association, a unit, or an individual who is a sole proprietor that is one (1) of the following:

(A) A broker.

(B) A person who manages the activities of a transfer station that receives municipal waste.

(C) A transporter.

(4) "Waste transfer activities", as defined in IC 13-11-2-254, means the participation by a:

(A) broker or transporter who is:

(i) a resident of Indiana; or

(ii) not a resident of Indiana; or

(B) transfer station that receives municipal waste located:

(i) inside Indiana; or

(ii) outside Indiana;

in the collection or transportation of municipal waste for disposal or incineration in Indiana.

(Solid Waste Management Division; 329 IAC 10-36-19; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1915; errata filed Dec 6, 1999, 9:41 a.m.: 23 IR 813; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Jul 14, 2004, 9:15 a.m.: 27 IR 3969; errata filed Oct 7, 2004, 11:50 a.m.: 28 IR 608; readopted filed May 14, 2007, 1:53 p.m.: 20070523-IR-329070138BFA; readopted filed Jul 29, 2013, 9:20 a.m.: 20130828-IR-329130179BFA)