Section 329IAC11-9-5. Demonstration and determination of need

   (a) This section applies to the following:

(1) All permits for new solid waste processing facilities, excluding transfer stations.

(2) Major modifications of solid waste processing facility permits, excluding transfer stations, issued after March 20, 1990.

  (b) In accordance with subsection (a), and in addition to other permit application requirements outlined in this rule, the following are required:

(1) A description of the following:

(A) The anticipated area that would be served by the facility as indicated by the following:

(i) Solid waste management district or districts if established.

(ii) County, counties, or portions thereof.

(iii) County, counties, and state if the area includes portions outside of Indiana.

(B) The existing solid waste management facilities that serve the same described area.

(C) The need that would be fulfilled by constructing the proposed facility as follows:

(i) For facilities proposed in areas with approved district solid waste management plans, any description of the need that has been identified in the approved district solid waste management plan required under IC 13-21-5.

(ii) For facilities proposed in areas without approved district solid waste management plans or when an approved district solid waste management plan does not address the need for the type of facility proposed, a description of the need for the proposed area to be served.

(D) Recycling, composting, or other activities that the facility would operate within the proposed area of service.

(2) Additional information as requested by the commissioner.

  (c) The commissioner shall review the submitted application and accompanying materials in accordance with this rule. If the commissioner determines that there is not a local or regional need in Indiana for the solid waste processing facility, the commissioner shall deny the permit application. (Solid Waste Management Division; 329 IAC 11-9-5; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1939; readopted filed Nov 16, 2001, 4:43 p.m.: 25 IR 1129, eff Jan 1, 2002; readopted filed May 14, 2007, 1:53 p.m.: 20070523-IR-329070138BFA; filed Feb 13, 2008, 1:38 p.m.: 20080312-IR-329050297FRA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR-329140187BFA; readopted filed Jun 6, 2016, 11:52 a.m.: 20160706-IR-329160144BFA.1) NOTE: Under P.L.154-2005, SECTION 18, 329 IAC 11-9-5 is void to the extent that the rule applies to transfer stations, effective July 1, 2005.