20100728-IR-329060070FRA Amends 329 IAC 11-1-3, 329 IAC 11-2-4, 329 IAC 11-2-14, 329 IAC 11-2-15, 329 IAC 11-2-17, 329 IAC 11-2-18, 329 IAC 11-2-19.5, 329 IAC 11-2-20, 329 IAC 11-2-27, 329 IAC 11-2-48, 329 IAC 11-3-1, 329 IA...
- TITLE 329 SOLID WASTE MANAGEMENT BOARD
Final Rule LSA Document #06-70(F)
DIGEST
Amends329 IAC 11-1-3 ,329 IAC 11-2-4 ,329 IAC 11-2-14 ,329 IAC 11-2-15 ,329 IAC 11-2-17 ,329 IAC 11-2-18 ,329 IAC 11-2-19.5 ,329 IAC 11-2-20 ,329 IAC 11-2-27 ,329 IAC 11-2-48 ,329 IAC 11-3-1 ,329 IAC 11-9-1 ,329 IAC 11-9-2 ,329 IAC 11-9-4 ,329 IAC 11-11-1 ,329 IAC 11-11-6 , and329 IAC 11-12-2 and adds329 IAC 11-2-2.3 ,329 IAC 11-2-2.6 ,329 IAC 11-2-5.3 ,329 IAC 11-2-5.5 ,329 IAC 11-2-5.7 ,329 IAC 11-2-7.3 ,329 IAC 11-2-7.4 ,329 IAC 11-2-8.1 ,329 IAC 11-2-8.2 ,329 IAC 11-2-8.3 ,329 IAC 11-2-9.2 ,329 IAC 11-2-9.5 ,329 IAC 11-2-9.8 ,329 IAC 11-2-9.9 ,329 IAC 11-2-10.1 ,329 IAC 11-2-10.2 ,329 IAC 11-2-10.3 ,329 IAC 11-2-10.4 ,329 IAC 11-2-10.5 ,329 IAC 11-2-10.8 ,329 IAC 11-2-10.9 ,329 IAC 11-2-12.2 ,329 IAC 11-2-14.8 ,329 IAC 11-2-16.3 ,329 IAC 11-2-19.6 ,329 IAC 11-2-19.8 ,329 IAC 11-2-20.2 ,329 IAC 11-2-20.4 ,329 IAC 11-2-21.1 ,329 IAC 11-2-21.6 ,329 IAC 11-2-21.7 ,329 IAC 11-2-21.8 ,329 IAC 11-2-21.9 ,329 IAC 11-2-24.2 ,329 IAC 11-2-25.3 ,329 IAC 11-2-25.6 ,329 IAC 11-2-28.2 ,329 IAC 11-2-29.5 ,329 IAC 11-2-29.7 ,329 IAC 11-2-30.3 ,329 IAC 11-2-32.3 ,329 IAC 11-2-33.5 ,329 IAC 11-2-34.3 ,329 IAC 11-2-34.5 ,329 IAC 11-2-36.3 ,329 IAC 11-2-36.5 ,329 IAC 11-2-36.7 ,329 IAC 11-2-44.3 ,329 IAC 11-2-44.5 ,329 IAC 11-2-44.9 ,329 IAC 11-2-46.3 ,329 IAC 11-2-47.3 ,329 IAC 11-2-47.5 ,329 IAC 11-2-47.7 ,329 IAC 11-2-49.3 ,329 IAC 11-2-49.5 ,329 IAC 11-2-52 ,329 IAC 11-13.5 , and329 IAC 11-16-3 concerning clarifications, consistency changes, and organizational changes to the rules for solid waste processing facilities, including transfer stations. Repeals329 IAC 11-2-7 ,329 IAC 11-2-9 ,329 IAC 11-2-10 ,329 IAC 11-2-11 ,329 IAC 11-2-21 ,329 IAC 11-2-23 ,329 IAC 11-2-24 ,329 IAC 11-2-50 ,329 IAC 11-8-2.5 ,329 IAC 11-13 , and329 IAC 11-21 . Effective 30 days after filing with the Publisher.
HISTORYFirst Notice of Comment Period: April 1, 2006, Indiana Register (29 IR 2377).Second Notice of Comment Period: January 14, 2009, Indiana Register (DIN:20090114-IR-329060070SNA ).Notice of First Hearing: January 14, 2009, Indiana Register (DIN:20090114-IR-329060070PHA ).Change in Notice of Hearing: May 6, 2009, Indiana Register (DIN:20090506-IR-329060070CHA ).Date of First Public Hearing: July 21, 2009.Proposed Rule: October 28, 2009, Indiana Register (DIN:20091028-IR-329060070PRA ).Notice of Second Hearing: October 28, 2009, Indiana Register (DIN:20091028-IR-329060070PHA ).Change in Notice of Hearing: February 17, 2010, Indiana Register (DIN:20100217-IR-329060070CHA ).Date of Second Hearing: March 16, 2010.
329 IAC 11-1-3 ;329 IAC 11-2-2.3 ;329 IAC 11-2-2.6 ;329 IAC 11-2-4 ;329 IAC 11-2-5.3 ;329 IAC 11-2-5.5 ;329 IAC 11-2-5.7 ;329 IAC 11-2-7 ;329 IAC 11-2-7.3 ;329 IAC 11-2-7.4 ;329 IAC 11-2-8.1 ;329 IAC 11-2-8.2 ;329 IAC 11-2-8.3 ;329 IAC 11-2-9 ;329 IAC 11-2-9.2 ;329 IAC 11-2-9.5 ;329 IAC 11-2-9.8 ;329 IAC 11-2-9.9 ;329 IAC 11-2-10 ;329 IAC 11-2-10.1 ;329 IAC 11-2-10.2 ;329 IAC 11-2-10.3 ;329 IAC 11-2-10.4 ;329 IAC 11-2-10.5 ;329 IAC 11-2-10.8 ;329 IAC 11-2-10.9 ;329 IAC 11-2-11 ;329 IAC 11-2-12.2 ;329 IAC 11-2-14 ;329 IAC 11-2-14.8 ;329 IAC 11-2-15 ;329 IAC 11-2-16.3 ;329 IAC 11-2-17 ;329 IAC 11-2-18 ;329 IAC 11-2-19.5 ;329 IAC 11-2-19.6 ;329 IAC 11-2-19.8 ;329 IAC 11-2-20 ;329 IAC 11-2-20.2 ;329 IAC 11-2-20.4 ;329 IAC 11-2-21 ;329 IAC 11-2-21.1 ;329 IAC 11-2-21.6 ;329 IAC 11-2-21.7 ;329 IAC 11-2-21.8 ;329 IAC 11-2-21.9 ;329 IAC 11-2-23 ;329 IAC 11-2-24 ;329 IAC 11-2-24.2 ;329 IAC 11-2-25.3 ;329 IAC 11-2-25.6 ;329 IAC 11-2-27 ;329 IAC 11-2-28.2 ;329 IAC 11-2-29.5 ;329 IAC 11-2-29.7 ;329 IAC 11-2-30.3 ;329 IAC 11-2-32.3 ;329 IAC 11-2-33.5 ;329 IAC 11-2-34.3 ;329 IAC 11-2-34.5 ;329 IAC 11-2-36.3 ;329 IAC 11-2-36.5 ;329 IAC 11-2-36.7 ;329 IAC 11-2-44.3 ;329 IAC 11-2-44.5 ;329 IAC 11-2-44.9 ;329 IAC 11-2-46.3 ;329 IAC 11-2-47.3 ;329 IAC 11-2-47.5 ;329 IAC 11-2-47.7 ;329 IAC 11-2-48 ;329 IAC 11-2-49.3 ;329 IAC 11-2-49.5 ;329 IAC 11-2-50 ;329 IAC 11-2-52 ;329 IAC 11-3-1 ;329 IAC 11-8-2.5 ;329 IAC 11-9-1 ;329 IAC 11-9-2 ;329 IAC 11-9-4 ;329 IAC 11-11-1 ;329 IAC 11-11-6 ;329 IAC 11-12-2 ;329 IAC 11-13 ;329 IAC 11-13.5 ;329 IAC 11-16-3 ;329 IAC 11-21
SECTION 1.329 IAC 11-1-3 IS AMENDED TO READ AS FOLLOWS:
Authority:329 IAC 11-1-3 ReportingIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 Affected:IC 13-30-2 ;IC 36-9-30
Sec. 3. (a) Any permittee required to monitor under this article or by any permit issuedpursuant tounder this article shall maintain all records of all monitoring information and monitoring activities, including the following:(1) The date, exact place, and time of the sampling or measurements.(2) The person or persons who performed the sampling or measurements.(3) The date or dates analyses were performed.(4) The person or persons who performed the analyses.(5) The sampling methods used.(6) All quality assurance/quality control documentation.(5)(7) The analytical techniques or methods used.and(6)(8) The results ofsuchthe measurements or analyses.
(b) All records of monitoring activities and results shall be retained by the permittee forfive (5)three (3) years. Thefive (5)three (3) year period shall be extended:(1) automatically during the course of any unresolved litigation between the commissioner and a permittee; or(2) as required by the permit conditions.
(c) The owner, operator, or permittee of a solid waste processing facility shall record and retain at the facility in an operating record, or in an alternative location approved by the commissioner, any records required by this article.
(d) Information submitted to the department to meet a requirement of this article must meet the following standards:(Solid Waste Management Board;(1) All drawings, plans, maps, and documentation must be properly titled and must include the following where applicable:(A) The date and author of each drawing, plan, or map.(B) Documentation of the coordinate system of the drawing, plan, or map, including the following:(i) Measurement units.(ii) Datum.(iii) Identification of the coordinate system that was used, such as the Universal Transverse Mercator or the State Plane Coordinate System.(C) A bar scale on each drawing, plan, or map.(D) Elevations that correlate with United States Geological Survey mean sea level data.(E) The facility name.(F) The state regulatory identification number, such as a permit number or authorization number.(G) The facility's United States Environmental Protection Agency identification number, if available.(H) A north arrow.(I) A map legend.(2) Submittals of sampling and monitoring results must include the following:(A) Results of laboratory analyses.(B) Results of field measurements, including water elevations and well depths if applicable.(C) Laboratory name.(D) Date of the sampling or monitoring event.329 IAC 11-1-3 ; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1926; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed May 14, 2007, 1:53 p.m.:20070523-IR-329070138BFA ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 2.329 IAC 11-2-2.3 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-2.3 "Adjoining land" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 2.3. "Adjoining land" means the land that abuts or touches land upon which a solid waste processing facility is located. If the immediately adjoining land is owned by the permittee or the solid waste processing facility, the adjoining land is the first abutting land not owned by the permittee unless the first abutting land is greater than one-half (1/2) mile from the solid waste processing facility boundary. If there is a road or other right-of-way adjoining the property, then the land that would otherwise be adjoining if not for the presence of the road or other right-of-way is also adjoining.(Solid Waste Management Board;329 IAC 11-2-2.3 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 3.329 IAC 11-2-2.6 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-2.6 "Applicant" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 2.6. "Applicant" means the person who applies for the permit.(Solid Waste Management Board;329 IAC 11-2-2.6 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 4.329 IAC 11-2-4 IS AMENDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-4 "Base flood" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 ;IC 13-19-4-10
Sec. 4. "Base flood" means a flood:(Solid Waste Management Board;(1) that has a one percent (1%) or greater chance of recurring in any year; ora flood(2) of a magnitude equaled or exceeded, on the average, once in one hundred (100) years.on the average over a significantly long period. In any given one hundred (100) year interval, such a flood may not occur or more than one (1) such flood may occur.329 IAC 11-2-4 ; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1927; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed May 14, 2007, 1:53 p.m.:20070523-IR-329070138BFA ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 5.329 IAC 11-2-5.3 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-5.3 "CESQG hazardous waste" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 5.3. "CESQG hazardous waste" means hazardous waste that is:(Solid Waste Management Board;(1) generated by a conditionally exempt small quantity generator; and(2) regulated under 40 CFR 261.5.329 IAC 11-2-5.3 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 6.329 IAC 11-2-5.5 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-5.5 "Closure" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 5.5. "Closure" means those activities, described in(Solid Waste Management Board;329 IAC 11-16-1 , to be completed at the end of waste acceptance at a solid waste processing facility or units of a facility, including closure certification required by329 IAC 11-16-1 , but not including those activities required after certification.329 IAC 11-2-5.5 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 7.329 IAC 11-2-5.7 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-5.7 "Closure certification" definedIC 13-14-8-7 ;IC 13-15 ;IC 13-19-3
Sec. 5.7. "Closure certification" means a written certification signed by the owner, operator, or permittee and an independent registered professional engineer submitted to the commissioner stating that closure for all units of the facility have been completed in accordance with the approved closure plan.(Solid Waste Management Board;329 IAC 11-2-5.7 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 8.329 IAC 11-2-7.3 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-7.3 "Construction/demolition waste" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 7.3. (a) "Construction/demolition waste" means solid waste resulting from the construction, remodeling, repair, or demolition of structures. Such wastes may include any of the following:(1) Scrap lumber.(2) Bricks.(3) Concrete.(4) Stone.(5) Glass.(6) Wallboard.(7) Roofing.(8) Plumbing fixtures.(9) Wiring.(10) Nonasbestos insulation.
(b) The term does not include the following types of regulated solid waste:(Solid Waste Management Board;(1) Fluorescent light fixtures.(2) Appliances.(3) Regulated asbestos-containing material as defined in 40 CFR 61.(4) Any other waste resulting from construction, remodeling, repair, or demolition of a structure that, when placed in the landfill, would potentially:(A) result in contamination of ground water; or(B) present a risk to human health or the environment.329 IAC 11-2-7.3 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 9.329 IAC 11-2-7.4 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-7.4 "Container" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 7.4. "Container" means a portable receptacle in which solid waste or recyclables are held for collection, storage, or transportation.(Solid Waste Management Board;329 IAC 11-2-7.4 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 10.329 IAC 11-2-8.1 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-8.1 "Conterminous" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 Affected:IC 13-30-2 ;IC 36-9-30
Sec. 8.1. "Conterminous" means contained within the same common boundary.(Solid Waste Management Board;329 IAC 11-2-8.1 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 11.329 IAC 11-2-8.2 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-8.2 "Contiguous land" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 8.2. "Contiguous land" means land touching along a boundary or at a point.(Solid Waste Management Board;329 IAC 11-2-8.2 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 12.329 IAC 11-2-8.3 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-8.3 "Contingency action plan" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 8.3. "Contingency action plan" means a written course of action to be followed for the method or methods of waste management or disposal if the facility is unable to operate or process solid waste for twenty-four (24) hours or longer.(Solid Waste Management Board;329 IAC 11-2-8.3 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 13.329 IAC 11-2-9.2 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-9.2 "Design capacity" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 9.2. "Design capacity" means the total volume in tons per day of solid waste specified in the solid waste processing facility permit application as approved by the commissioner.(Solid Waste Management Board;329 IAC 11-2-9.2 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 14.329 IAC 11-2-9.5 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-9.5 "Dike" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 9.5. "Dike" means an embankment or ridge of either natural or man-made materials used to prevent, control, or confine the movement of liquids or solids.(Solid Waste Management Board;329 IAC 11-2-9.5 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 15.329 IAC 11-2-9.8 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-9.8 "Discard" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 9.8. "Discard" means to abandon by:(Solid Waste Management Board;(1) disposal;(2) burning or incinerating, including being burned as a fuel for the purpose of recovering usable energy; or(3) accumulating, storing, or physically or chemically treating, other than burning or incinerating, in lieu of or prior to disposal.329 IAC 11-2-9.8 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 16.329 IAC 11-2-9.9 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-9.9 "Electronic submission" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 Affected:IC 13-30-2 ;IC 36-9-30
Sec. 9.9. "Electronic submission" means any submission of information to the department via electronic media. Such media may include the following:(Solid Waste Management Board;(1) Magnetic storage tape or disk.(2) Compact disc read-only memory (CD-ROM).(3) Electronic mail or attachments, or both.(4) File transfer protocol (FTP).(5) Hypertext transfer protocol (HTTP).329 IAC 11-2-9.9 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 17.329 IAC 11-2-10.1 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-10.1 "Emergency response plan" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 10.1. "Emergency response plan" means a document setting out an organized, planned, and coordinated course of action to be followed in case of an emergency such as fire, spills, contaminant release, or release of solid waste byproducts, such as gases or chemical contaminants, or leachate that could imminently threaten human health or the environment.(Solid Waste Management Board;329 IAC 11-2-10.1 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 18.329 IAC 11-2-10.2 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-10.2 "Environmental protection acts" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 10.2. "Environmental protection acts" means state and federal statutes relating to protection of the environment and public health.(Solid Waste Management Board;329 IAC 11-2-10.2 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 19.329 IAC 11-2-10.3 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-10.3 "Face amount" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 10.3. "Face amount" means the total amount the insurer is obligated to pay under the insurance policy. Actual payments by the insurer will not change the face amount, although the insurer's future liability will be lowered by the amount of the payments.(Solid Waste Management Board;329 IAC 11-2-10.3 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 20.329 IAC 11-2-10.4 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-10.4 "Facility" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 Affected:IC 13-30-2 ;IC 36-9-30
Sec. 10.4. "Facility" means one (1) or more permitted processing, storage, disposal, or operational units used for processing, storing in conjunction with processing or disposal, or disposing of solid waste. The term includes the following:(Solid Waste Management Board;(1) All conterminous land and structures related to the permit within the facility boundary.(2) Other appurtenances related to the permit.(3) Improvements on the land related to the permit.329 IAC 11-2-10.4 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 21.329 IAC 11-2-10.5 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-10.5 "Facility boundary" definedIC 13-14-8-7 ;IC 13-15 ;IC 13-19-3
Sec. 10.5. "Facility boundary" means the outermost perimeter of land related to the facility specified in the plans approved by the commissioner.(Solid Waste Management Board;329 IAC 11-2-10.5 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 22.329 IAC 11-2-10.8 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-10.8 "Floodplain" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 Affected:IC 13-30-2 ;IC 36-9-30
Sec. 10.8. "Floodplain" means the areas adjoining a river, stream, or lake that are inundated by the base flood.(Solid Waste Management Board;329 IAC 11-2-10.8 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 23.329 IAC 11-2-10.9 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-10.9 "Floodway" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 Affected:IC 13-30-2 ;IC 36-9-30
Sec. 10.9. "Floodway" means the channel of a river or stream and those portions of the floodplain adjoining the channel that are reasonably required to efficiently carry and discharge the peak flow of the base flood.(Solid Waste Management Board;329 IAC 11-2-10.9 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 24.329 IAC 11-2-12.2 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-12.2 "Generator knowledge" definedIC 13-14-8-7 ;IC 13-15-2 ;IC 13-19-3
Sec. 12.2. "Generator knowledge" means the relevant, accurate, and reliable information available to or developed by the generator about a waste that allows a person to determine the correct regulatory status of that waste. This information may include, but is not limited to, the following categories of information:(Solid Waste Management Board;(1) Information provided by the manufacturer or supplier of the materials used in the process.(2) Information provided in reference materials.(3) Information describing the process that generates the waste.(4) Information describing the materials used in the process that generates the waste.(5) Information describing principles of science, including chemistry and physics, applied to the raw materials and process used.(6) Information developed through prior testing of the waste.329 IAC 11-2-12.2 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 25.329 IAC 11-2-14 IS AMENDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-14 "Ground water" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 ;IC 13-19-4-10
Sec. 14. "Ground water" means(Solid Waste Management Board;water below the land surface in the zone of saturation.accumulations of underground water, natural and artificial, public and private, or parts thereof, that are wholly or partially within, flow through, or border upon this state, but excluding man-made underground storage or conveyance structures.329 IAC 11-2-14 ; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1928; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed May 14, 2007, 1:53 p.m.:20070523-IR-329070138BFA ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 26.329 IAC 11-2-14.8 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-14.8 "Hauler" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 14.8. "Hauler" means a person engaged in the transportation of solid waste by:(Solid Waste Management Board;(1) air;(2) rail;(3) roadway; or(4) water.329 IAC 11-2-14.8 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 27.329 IAC 11-2-15 IS AMENDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-15 "Hazardous waste" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 ;IC 13-19-4-10
Sec. 15. "Hazardous waste" means(Solid Waste Management Board;a solid waste or combination of solid wastes that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may:(1) cause or significantly contribute to an increase in mortality or increase in serious, irreversible, or incapacitating reversible illness; or(2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.waste that is regulated under329 IAC 3.1 .329 IAC 11-2-15 ; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1928; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed May 14, 2007, 1:53 p.m.:20070523-IR-329070138BFA ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 28.329 IAC 11-2-16.3 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-16.3 "Independent, registered professional engineer" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 16.3. "Independent, registered professional engineer" means a registered professional engineer who is not permanently employed by the owner, operator, or permittee of a solid waste processing facility.(Solid Waste Management Board;329 IAC 11-2-16.3 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 29.329 IAC 11-2-17 IS AMENDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-17 "Industrial process waste" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 ;IC 13-19-4-10
Sec. 17. "Industrial process waste" means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under(Solid Waste Management Board;329 IAC 3.1 . Such waste may include, but is not limited to, waste resulting from any of the following manufacturing processes:(1) Electric power generation.(2) Fertilizer or agricultural chemicals production.(3) Food and related products or byproducts production.(4) Inorganic chemicals production.(5) Iron and steel manufacture or foundries.(6) Leather and leather products production.(7) Nonferrous metals manufacture or foundries.(8) Organic chemicals production.(9) Plastics and resins manufacture.(10) Pulp and paper industry.(11) Rubber and miscellaneous plastic products production.(12) Stone, glass, clay, and concrete products.(13) Textile manufacture.(14) Transportation equipment.(15) Oil and gasprocessprocessing andrefinery wastes and disposed products.refining, but not exploration and recovery.(16) Painting, printing, and allied industries.(17) Contaminated, off-specification, or outdated wholesale products.(18) Waste recycling and processing activities,and process residues.excluding operations in which processing consists solely of segregation of components of MSW and no chemical or physical alteration of the waste is performed.(19) Processing of ores and minerals as defined under 40 CFR 261.4(b)(7), but not the extraction and beneficiation of ores or minerals as defined under 40 CFR 261.4(b)(7).The term does not include mining operations waste or oil and gas recovery waste.329 IAC 11-2-17 ; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1929; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed May 14, 2007, 1:53 p.m.:20070523-IR-329070138BFA ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 30.329 IAC 11-2-18 IS AMENDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-18 "Infectious waste" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 ;IC 13-19-4-10
Sec. 18. "Infectious waste"(Solid Waste Management Board;means waste that epidemiologic evidence indicates is capable of transmitting a dangerous communicable disease (as defined in410 IAC 1-3-5 ). The term includes any of the following:(1) Pathological wastes, including tissue, organs, body parts, and blood or body fluids in liquid or semiliquid form that are removed during surgery, biopsy, or autopsy.(2) Biological cultures and associated biologicals.(3) Contaminated sharps.(4) Infectious agent stock and associated biologicals.(5) Blood and blood products in liquid or semiliquid form.(6) Laboratory animal carcasses, body parts, and bedding.(7) Wastes (as defined in410 IAC 1-3-19 ).has the meaning set forth in the rules of the state department of health at410 IAC 1-3-10 , as supported by the ancillary definitions of410 IAC 1-3 .329 IAC 11-2-18 ; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1929; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed May 14, 2007, 1:53 p.m.:20070523-IR-329070138BFA ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 31.329 IAC 11-2-19.5 IS AMENDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-19.5 "Insignificant facility modification" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 19.5. (a) "Insignificant facility modification", as used in329 IAC 11-9-6 (b), means any of the following:(1)AddAdding recycling activities and associated storage areas.(2)AddAdding ormodifymodifying outside storage of:(A) white goods; or(B) other scrap metal.(3)ModifyModifying facility traffic patterns.(4)ModifyModifying the size of a compactor.(5)AddAdding ormodifymodifying tipping floor entrance doors.(6)AddAdding ormodifymodifying the collection of household hazardous waste.(7)AddAdding ormodifymodifying a collection container.(8) Adding or replacing weighing scales.
(b) The term, as used in(Solid Waste Management Board;329 IAC 11-9-6 (c), means any of the following:(1)AcceptAccepting more than two hundred twenty (220) pounds of uncontainerized pollution control wastes in a shipment.(2)ModifyModifying the waste water handling or disposition procedures.(3)ModifyModifying the drainage around the facility, except for normal maintenance.(4)ModifyModifying the latest approved facility layout.(5) Any modification to the permitted facility that the commissioner determines will improve the operation of the facility without altering the approved solid waste processing facility permit.329 IAC 11-2-19.5 ; filed Jul 14, 2004, 9:15 a.m.: 27 IR 3970; readopted filed May 14, 2007, 1:53 p.m.:20070523-IR-329070138BFA ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 32.329 IAC 11-2-19.6 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-19.6 "Landowner" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 19.6. "Landowner" means an owner of real property.(Solid Waste Management Board;329 IAC 11-2-19.6 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 33.329 IAC 11-2-19.8 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-19.8 "Leachate" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 19.8. "Leachate" means a liquid that:(Solid Waste Management Board;(1) has passed through or emerged from solid waste; and(2) contains:(A) soluble;(B) suspended;(C) immiscible; or(D) miscible;material removed from the waste.329 IAC 11-2-19.8 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 34.329 IAC 11-2-20 IS AMENDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-20 "Legal description" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 ;IC 13-19-4-10
Sec. 20. "Legal description" means a legal description of the real property, including information from the recorded deed that includes the county, township, range, and section numbers, total acreage, and, if applicable, the metes and bounds description. together with the acreage thereof.(Solid Waste Management Board;329 IAC 11-2-20 ; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1929; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed May 14, 2007, 1:53 p.m.:20070523-IR-329070138BFA ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 35.329 IAC 11-2-20.2 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-20.2 "Letter of credit" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 20.2. "Letter of credit" means an instrument issued by a bank or other financial institution, known as the issuer, in which the issuer agrees on behalf of its customer, known as the account party, to honor demands for payment to the beneficiary usually upon presentation of the documents specified in the instrument.(Solid Waste Management Board;329 IAC 11-2-20.2 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 36.329 IAC 11-2-20.4 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-20.4 "Liquid waste" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 Affected:IC 13-30-2 ;IC 36-9-30
Sec. 20.4. "Liquid waste" means any waste material that contains free liquids as determined by Method 9095A (Paint Filter Liquids Test), as described in U.S. EPA Publication SW-846 as revised in Updates I, II, IIA, IIB, III, IIIA, IIIB, IVA, and IVB, last revised January 3, 2008, 73 FR 486.(Solid Waste Management Board;329 IAC 11-2-20.4 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 37.329 IAC 11-2-21.1 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-21.1 "Major modification of solid waste processing facilities" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 Affected:IC 13-30-2 ;IC 36-9-30
Sec. 21.1. "Major modification of solid waste processing facilities" means any of the following:(Solid Waste Management Board;(1) Any increase in a permitted solid waste processing facility that would increase the facility's permitted capacity to process solid waste by more than ten percent (10%) or the addition of a major piece of equipment, such as a compactor, that increases the facility's permitted capacity to process solid waste by more than ten percent (10%).(2) New bay loading area.(3) New loading tunnel.(4) Expansion of an existing loading bay or tunnel so that additional transfer trailers can be loaded simultaneously.(5) Expansion of the existing waste processing area by more than fifty percent (50%) either through:(A) expansion of the area within an existing building; or(B) the addition of a new building.329 IAC 11-2-21.1 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 38.329 IAC 11-2-21.6 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-21.6 "Minor modification of solid waste processing facilities" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 Affected:IC 13-30-2 ;IC 36-9-30
Sec. 21.6. (a) "Minor modification of solid waste processing facilities" means any modification in a permitted solid waste processing facility that would:(1) not increase the facility's permitted capacity to process solid waste by more than ten percent (10%); and(2) not include those items determined to be:(A) insignificant modifications under section 19.5 of this rule; or(B) major modifications under section 21.1 of this rule.
(b) A minor modification includes, but is not limited to, the reconstruction of a processing building that does not increase capacity as described in subsection (a)(1).(Solid Waste Management Board;329 IAC 11-2-21.6 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 39.329 IAC 11-2-21.7 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-21.7 "Municipal solid waste" or "MSW" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 21.7. (a) "Municipal solid waste" or "MSW" means any solid waste generated by community activities or the operation of residential or commercial establishments.
(b) The term includes the following:(1) Household or residential waste.(2) Commercial solid waste.
(c) The term does not include the following:(Solid Waste Management Board;(1) Construction/demolition waste.(2) Industrial process waste.(3) Infectious waste.(4) Coal combustion and flue gas desulfurization wastes excluded from regulation byIC 13-19-3-3 .(5) Hazardous waste.(6) Pollution control waste.329 IAC 11-2-21.7 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 40.329 IAC 11-2-21.8 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-21.8 "Net worth" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 21.8. "Net worth" means total assets minus total liabilities.(Solid Waste Management Board;329 IAC 11-2-21.8 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 41.329 IAC 11-2-21.9 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-21.9 "On-site" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 ;IC 13-19-4-10
Sec. 21.9. "On-site" means all areas within the facility boundary.(Solid Waste Management Board;329 IAC 11-2-21.9 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 42.329 IAC 11-2-24.2 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-24.2 "Operating days" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 24.2. "Operating days" means time expressed in total number of days during which a solid waste processing facility is open to actively accept solid waste for processing.(Solid Waste Management Board;329 IAC 11-2-24.2 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 43.329 IAC 11-2-25.3 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-25.3 "Operator" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 ;IC 13-20-4-7 ;IC 13-20-6
Sec. 25.3. "Operator" means the person or persons responsible for the overall operation of a solid waste processing facility or part of a solid waste processing facility.(Solid Waste Management Board;329 IAC 11-2-25.3 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 44.329 IAC 11-2-25.6 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-25.6 "Owner" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 25.6. "Owner" means the person who owns a solid waste processing facility or part of a solid waste processing facility.(Solid Waste Management Board;329 IAC 11-2-25.6 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 45.329 IAC 11-2-27 IS AMENDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-27 "Permittee" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 ;IC 13-19-4-10
Sec. 27. "Permittee" means(Solid Waste Management Board;anythe personto whomwho applies for and receives a solid waste facility permithas been issued for the purposes of this article.from the department.329 IAC 11-2-27 ; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1930; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed May 14, 2007, 1:53 p.m.:20070523-IR-329070138BFA ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 46.329 IAC 11-2-28.2 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-28.2 "Petroleum contaminated soil" definedIC 13-14-8-7 ;IC 13-15-2 ;IC 13-19-3
Sec. 28.2. "Petroleum contaminated soil" means soil that is contaminated with any of the following:(Solid Waste Management Board;(1) Asphalt or asphaltic suspension.(2) Aviation turbine fuel.(3) Crude oil.(4) Diesel fuel.(5) Fuel oil.(6) Gas oil.(7) Gasoline.(8) Heating oil.(9) Hydraulic oil.(10) Jet fuel.(11) Kerosene.(12) Lubricating oil.(13) Mineral spirits.(14) Motor fuel.(15) Transformer oil.(16) Transmission fluid.(17) Motor oil.(18) Synthetic oil or fuel.(19) Any similar material derived from or containing petroleum.329 IAC 11-2-28.2 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 47.329 IAC 11-2-29.5 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-29.5 "Post-closure" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 29.5. "Post-closure" means the monitoring and maintenance activities required after final closure of a solid waste processing facility.(Solid Waste Management Board;329 IAC 11-2-29.5 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 48.329 IAC 11-2-29.7 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-29.7 "Post-closure cost estimate" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 29.7. "Post-closure cost estimate" means the original or most recently submitted written estimate, in current dollars, of the total cost of post-closure monitoring and maintenance of the facility during the entire post-closure care period in accordance with the post-closure plan.(Solid Waste Management Board;329 IAC 11-2-29.7 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 49.329 IAC 11-2-30.3 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-30.3 "Real property boundary" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 30.3. "Real property boundary" means the outermost perimeter of the land owned by a person upon which the solid waste processing facility is located, as the real property is described in the recorded deed and the current county or counties plats.(Solid Waste Management Board;329 IAC 11-2-30.3 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 50.329 IAC 11-2-32.3 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-32.3 "Regulated asbestos-containing material" or "RACM" definedIC 13-14-8-7 ;IC 13-15-2 ;IC 13-19-3-1 Affected:IC 13-18-1 ;IC 13-18-20
Sec. 32.3. (a) "Regulated asbestos-containing material" or "RACM" means the following:(1) Friable asbestos material defined at 40 CFR 61.141.(2) Category I nonfriable asbestos-containing material, defined at 40 CFR 61.141, that has become friable.(3) Category I nonfriable asbestos-containing material, defined at 40 CFR 61.141, that:(A) will be; or(B) has been;subjected to sanding, grinding, cutting, or abrading.(4) Category II nonfriable asbestos-containing material, defined at 40 CFR 61.141, that has:(A) a high probability of becoming; or(B) become;crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition, renovation, or disposal operations.
(b) The term does not include regulated asbestos-containing materials that have not become solid waste.(Solid Waste Management Board;329 IAC 11-2-32.3 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 51.329 IAC 11-2-33.5 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-33.5 "Responsible corporate officer" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 33.5. "Responsible corporate officer" means:(Solid Waste Management Board;(1) a president;(2) secretary;(3) treasurer; or(4) any vice president;of the corporation or corporate division in charge of a principal business function that includes the activity to be permitted.329 IAC 11-2-33.5 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 52.329 IAC 11-2-34.3 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-34.3 "Run-off" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 34.3. "Run-off" means any rainwater and surface water that has not come into any contact with solid waste that drains over land from any part of a solid waste processing facility.(Solid Waste Management Board;329 IAC 11-2-34.3 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 53.329 IAC 11-2-34.5 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-34.5 "Run-on" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 34.5. "Run-on" means any rainwater and surface water that drains over land onto any part of a solid waste processing facility.(Solid Waste Management Board;329 IAC 11-2-34.5 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 54.329 IAC 11-2-36.3 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-36.3 "Sedimentation" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 Affected:IC 13-30-2 ;IC 36-9-30
Sec. 36.3. "Sedimentation" means the settling and accumulation of unconsolidated sediment carried by storm water run-off.(Solid Waste Management Board;329 IAC 11-2-36.3 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 55.329 IAC 11-2-36.5 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-36.5 "Sedimentation basin" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 36.5. "Sedimentation basin" means an artificial or natural surface structure to allow the settlement of any unconsolidated material carried by run-off from the facility.(Solid Waste Management Board;329 IAC 11-2-36.5 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 56.329 IAC 11-2-36.7 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-36.7 "Setback" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 36.7. "Setback" means the distance between a designated point and the permitted facility boundary of a solid waste processing facility as projected at the time of final closure and approved by the department as part of the solid waste processing facility's original or modified permit. The designated point of a public or nonpublic school is the property boundary of public or nonpublic school property that contains a facility intended for regularly scheduled student use.(Solid Waste Management Board;329 IAC 11-2-36.7 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 57.329 IAC 11-2-44.3 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-44.3 "Storage" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 44.3. "Storage" means the retention, containment, or accumulation of solid waste on a temporary basis in such a manner that it does not threaten or potentially threaten human health or impact or potentially impact the environment, for a period of more than twenty-four (24) hours, in such a manner as not to constitute disposal of the waste. It is a rebuttable presumption that storage of waste for more than six (6) months constitutes disposal.(Solid Waste Management Board;329 IAC 11-2-44.3 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 58.329 IAC 11-2-44.5 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-44.5 "Storm water discharge" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 Affected:IC 13-30-2 ;IC 36-9-30
Sec. 44.5. "Storm water discharge" means the release or flow of storm water past the facility boundary or into a water of the state.(Solid Waste Management Board;329 IAC 11-2-44.5 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 59.329 IAC 11-2-44.9 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-44.9 "Surety bond" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 ;IC 13-19-4-10
Sec. 44.9. "Surety bond" means a contract by which a surety company engages to be answerable for the default or debts of a permittee on responsibilities relating to closure or post-closure care, and agrees to satisfy these responsibilities if the permittee does not, in accordance with the terms prescribed for land disposal facilities at(Solid Waste Management Board;329 IAC 10-39-2 (a)(2)(B) through329 IAC 10-39-2 (a)(2)(E).329 IAC 11-2-44.9 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 60.329 IAC 11-2-46.3 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-46.3 "Tons per day" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 ;IC 13-19-4-10
Sec. 46.3. "Tons per day" means tons per operating day. "Operating day" refers to a day that the solid waste processing facility is open to actively accept solid waste for processing.(Solid Waste Management Board;329 IAC 11-2-46.3 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 61.329 IAC 11-2-47.3 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-47.3 "Trust fund" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 ;IC 13-19-4-10
Sec. 47.3. "Trust fund" means a fund established by a permittee, for the benefit of the department and held by a financial institution licensed by Indiana, as the trustee with a fiduciary responsibility to carry out the terms of the trust, as prescribed for solid waste land disposal facilities at(Solid Waste Management Board;329 IAC 10-39-2 (a)(1).329 IAC 11-2-47.3 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 62.329 IAC 11-2-47.5 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-47.5 "Unauthorized solid waste" definedIC 13-14-8-7 ;IC 13-15 ;IC 13-19-3 ;IC 13-19-4-10
Sec. 47.5. "Unauthorized solid waste" means solid waste that is prohibited from disposal in a solid waste land disposal facility by:(Solid Waste Management Board;(1) permit conditions;(2) Indiana statutes or rules; or(3) federal acts or regulations.329 IAC 11-2-47.5 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 63.329 IAC 11-2-47.7 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-47.7 "Unit of government" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 ;IC 13-19-4-10
Sec. 47.7. "Unit of government" means a:(Solid Waste Management Board;(1) county;(2) municipality;(3) township; or(4) solid waste management district.329 IAC 11-2-47.7 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 64.329 IAC 11-2-48 IS AMENDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-48 "Vector" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-18-12-4 ;IC 13-19-3-1 ;IC 13-19-4-10
Sec. 48. "Vector" means any animal rodents, flies, mosquitoes, or other animals and insects, capable of(Solid Waste Management Board;harboringand [sic] transmitting microorganismsfrom one (1) animal to another or to a human.and disease to humans and other animals.329 IAC 11-2-48 ; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1933; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed May 14, 2007, 1:53 p.m.:20070523-IR-329070138BFA ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 65.329 IAC 11-2-49.3 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-49.3 "Wash water" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 ;IC 13-19-4-10
Sec. 49.3. "Wash water" means water that is used to clean a waste processing area or equipment. Wash water is typically identified with the wastewater resulting from the cleaning of waste processing or equipment to remove attached particles.(Solid Waste Management Board;329 IAC 11-2-49.3 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 66.329 IAC 11-2-49.5 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-49.5 "Waste determination" definedIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 ;IC 13-19-4-10
Sec. 49.5. "Waste determination" means the documented process of determining the qualitative and quantitative nature of a particular waste in order to establish the regulatory status of the waste and determine if the waste must be treated, processed, stored, and disposed under the hazardous waste rules at329 IAC 3.1 , the PCB rules at329 IAC 4.1 , or the solid waste rules at329 IAC 10 or this article. The regulatory status may be determined using either generator knowledge or testing by the methods in 40 CFR 261, Subpart C, or an appropriate method to ascertain one (1) of the following:(1) The waste is a hazardous waste under 40 CFR 262.11 and is regulated under329 IAC 3.1 because of the following:(A) The waste is not excluded from regulation under 40 CFR 261.4.(B) The waste is a listed waste under 40 CFR 261, Subpart D.(C) The waste exhibits characteristics specified in 40 CFR 261, Subpart C.(2) The waste:(A) contains regulated amounts of PCBs; and(B) is regulated under329 IAC 4.1 .(3) The waste:(A) is a solid waste; and(B) may be processed under this article and disposed of under329 IAC 10 .
*Note: All federal regulations cited in this section are incorporated by reference as revised July 1, 2008. Sales of the Code of Federal Regulations are handled by the Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954, or online at http://bookstore.gpo.gov/. The telephone number for the Superintendent of Documents is (202) 512-1800 or toll-free (866) 512-1800. The incorporated materials are available for public review at the offices of the department of environmental management.(Solid Waste Management Board;329 IAC 11-2-49.5 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 67.329 IAC 11-2-52 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-2-52 "Wetlands" definedIC 13-14-8-7 ;IC 13-15-1-2 ;IC 13-15-2-1 ;IC 13-18-3-1 ;IC 13-18-12-4
Sec. 52. "Wetlands" means those areas that are inundated or saturated by surface water or ground water at a frequency and duration to support and that, under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include the following:(Solid Waste Management Board;(1) Swamps.(2) Marshes.(3) Bogs.(4) Areas similar to areas specified in subdivision (1), (2), or (3).329 IAC 11-2-52 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 68.329 IAC 11-3-1 IS AMENDED TO READ AS FOLLOWS:
Authority:329 IAC 11-3-1 Exclusions; generalIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 1. The following solid waste management activities are not subject to the provisions of this article:(Solid Waste Management Board;(1) Processing and disposing of only uncontaminated:(A) rocks;(B) bricks;(C) concrete;(D) road demolition waste materials; or(E) dirt.(2) Land application activities regulated by327 IAC 6.1 and327 IAC 7 .(3) Confined feeding control activities regulated byIC 13-18-10 .(4) Wastewater discharge activities regulated by327 IAC 5 .(5) Processing of waste when the waste, other thanwastetires, has been segregated from the generalmunicipal solid wasteMSW streambeforeprior to arrival at a processing facility. To qualify for exclusion from this article, the facility must do the following:(A) In the regular course of business, receive distinct and recognizable solid waste items that do not require substantial further processing. Substantial further processing includes any thermal or chemical treatment of the waste, as well as physical processing such as shredding, breaking, compacting, or mixing with other materials or waste beyond the processing needed to render the waste more amenable for transport.(B) Return those items for reuse in manufacturing including any intermediate processing steps before being sent for manufacturing.(C) Not have more than ten percent (10%) of the solid waste that passes through the facility ultimately taken for final disposal. This is determined by the weight of material passing through the facility in a calendar quarter.(6) Processing,of solid waste,except for incineration, of solid waste that takes place at the generating facility.(7) Processing and disposal of uncontaminated and untreated natural growth solid waste, including the following:(A) Tree limbs.(B) Stumps.(C) Leaves.(D) Grass clippings.(8) Disposal of sawdust that is derived from processing untreated natural wood.(9)(8) The disposal of coal ash, transported by water, into an ash pond that has received a water pollution control facility construction permit under327 IAC 3 .(10)(9) The operation of surface impoundments; however, the final disposal of solid waste in such facilities at the end of their operation is subject to approval by the commissioner except as excluded undersubdivisions (9) and (11).subdivision (8).(11) The disposal of coal ash at a site receiving a total of less than one hundred (100) cubic yards per year from generators who each produce less than one hundred (100) cubic yards per year.(12)(10) Uses and disposal of coal waste as exempted from regulation inIC 13-19-3-3 .(13)(11) The legitimate use of iron and steelmaking slags, including the use as a base for road building, but not including use for land reclamation except as allowed under subdivision(15).(13).(14)(12) The legitimate use of foundry sand that has been demonstrated as suitable for restricted waste site Type III under the provisions of329 IAC 10-9 , including the use as a base for road building, but not including use for land reclamation except as allowed under subdivision(15).(13).(15)(13) Solid waste management activities or legitimate uses of solid waste determined by the commissioner to not pose a threat to public health or the environment.(16)(14) Processing or storage of electronic waste or e-waste, which is any solid waste that is the following or has the following component:(A) A circuit board, including a shredded circuit board.(B) A diode.(C) A CRT.(D) A computer.(E) An electronic device.E-waste does not include vehicles, as defined byIC 13-11-2-245 , or white goods, as defined byIC 13-11-2-266 . Electronic waste is regulated under329 IAC 16 and must comply with all applicable standards and requirements under329 IAC 16 .(15) The transfer of closed waste containers meeting the following criteria where the solid waste is not removed from the container:(A) The container remains closed.(B) The solid waste in the container is only non-municipal solid waste.(C) The solid waste is stored in the container for not more than ten (10) days.329 IAC 11-3-1 ; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1933; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; errata filed May 8, 2002, 2:01 p.m.: 25 IR 2741; readopted filed May 14, 2007, 1:53 p.m.:20070523-IR-329070138BFA ; filed Aug 15, 2007, 10:22 a.m.:20070912-IR-329050181FRA ; filed Feb 13, 2008, 1:38 p.m.:20080312-IR-329050297FRA ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 69.329 IAC 11-9-1 IS AMENDED TO READ AS FOLLOWS:
Authority:329 IAC 11-9-1 Permit requirementsIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 ;IC 13-19-4-10 Affected:IC 13-30-2 ;IC 36-9-30-35
Sec. 1. (a) Unless excluded in329 IAC 11-3 , any person who constructs or operates a solid waste processing facility as defined under329 IAC 11-2-43 shall have a solid waste processing facility permit under this article.
(b) The owner of the facility is responsible for applying for and obtaining a permit. The owner of the land upon which the facility is located also shall sign the application form acknowledging the land owner's responsibility in accordance with329 IAC 11-11-4 [sic]
(c)(b) In the event that, after the permit application is submitted but prior to the issuance of the permit, there is any change that renders the information in the application incorrect, the applicant shall:(1) notify the commissioner of the change within fifteen (15) days; and(2) submit corrected information within a reasonable period of time.
(Solid Waste Management Board;(d) It is grounds to(c) The commissioner may deny a permit application, including a renewal permit,to any applicant if suchor place additional conditions on a permit if the commissioner determines the following demonstrate the applicant's inability or unwillingness to process the solid waste under requirements of this article or a facility permit:(2) The commissioner, underIC 13-15-7 , has revoked the applicant's previous permit to operate under:(A) this article;or the previous articles;(B)329 IAC 1.5 , which was repealed in 1989; or(C)329 IAC 2 , which was repealed in 1996.has been revoked by the commissioner underIC 13-15-7-1 [sic](3) The applicant is not in compliance with or has a history of violations of the environmental protection acts, rules promulgated thereunder, or a permit issued thereunder.329 IAC 11-9-1 ; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1936; errata filed Apr 4, 1996, 4:00 p.m.: 19 IR 2047; readopted filed Nov 16, 2001, 4:43 p.m.: 25 IR 1126, eff Jan 1, 2002; readopted filed May 14, 2007, 1:53 p.m.:20070523-IR-329070138BFA ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 70.329 IAC 11-9-2 IS AMENDED TO READ AS FOLLOWS:
Authority:329 IAC 11-9-2 New permit application and major modification applicationIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 ;IC 13-19-4-10
Sec. 2. (a) A complete application for a solid waste processing facility permit must consist of the following information submitted to the commissioner in a format specified by the department on forms provided by the department:(1) The name and address of the applicant or applicants.(2) The name and address of the property owner or owners.(3) The name, address, and location of the facility.(4) The legal description as defined in329 IAC 11-2-20 for the following:(A) The area for which ownership will be established as required in subdivision (10).(B) The area upon which the facility is located.(C) Sufficient documentation must be provided to verify that the facility is located on property owned or leased by the permittee. Documentation must include a map of the legal description for these areas certified by a registered land surveyor.(5) Facility information, including the following:(A) A description of the type of operation.(B) The planned life of the facility in years.(C) The expected volume of waste to be received in cubic yards per day and tons per day.(D) The type of waste to be received.(6) Signatures and certification statements in compliance with section 3 of this rule.(7) Detailed plans and design specifications as required by the following:(A) This section.(B)329 IAC 11-12 .(C)329 IAC 11-17 .and(D)329 IAC 11-18 .(8) Closure plan and post-closure plan under329 IAC 11-16 .(9) Closure financial responsibility under329 IAC 11-16 , a description of the financial instrument that will be used to achieve compliance with financial responsibility provisionsofand mechanisms as prescribed for solid waste land disposal facilities at329 IAC 10-39 . These documents need not be executed and delivered to the commissioner until after the:(A) review of the technical application; anduntil after the(B) applicant receives notice ofsuchthe requirement from the commissioner.in accordance with329 IAC 11-11-1 (c)(1).(10) Documents necessary to establish ownership or other tenancy of, including an option to purchase, the real estate upon which the facility to be permitted is located, including a certified copy of the deed to the subject real estate showing ownership in the person identified as the owner in the application, or the deed and evidence satisfactory to the commissioner that ownership will be transferred to the owner prior to operation of the facility.(11) In order to assist the commissioner in identifying persons entitled to notice in accordance withIC 4-21.5-3-4 andIC 4-21.5-3-5 , the name and address of all owners or last taxpayers of record of property located within one-half (1/2) mile of the site boundaries of a proposed solid waste processing facility.(12)Certification verificationDocumentation from the zoning authorityor the county commissioners if there is no zoning authority,that proper zoning approvals have been obtained and one (1) or more of the following documents, as applicable:(A) A copy of the zoning requirements, if any, for solid waste facilities in the area where the facility is to be located.(B) A copy of the improvement location permit or occupancy permit issued by the zoning authority having jurisdiction for the site if a solid waste facility is permitted by the zoning ordinance in the area where the facility is to be located.(C) A copy of the amendment or amendments to the zone maps incorporated by reference into the zoning ordinance underIC 36-7-4-602 (c) if a change in the zone maps is required for the area where the facility is to be located.(D) A copy of the amendment or amendments to the zoning ordinance adopted underIC 36-7-4-602 if such amendment is required for the area where the facility is to be located.(E) A copy of the variance, special exception, special use, contingent use, or conditional use approved underIC 36-7-4-918.1 throughIC 36-7-4-921 if such approval is required for the area where the facility is to be located.(F)(B) The status of any appeals of any zoning determinationas described in clauses (B) through (E)and, if none pending, the date by whichsuchthe appeal must be initiated.(13) The names and addresses of members of the board of county commissioners of a county that is affected by the permit application.(14) The names and addresses of the mayors of any cities that are affected by the permit application.(15) The names and addresses of the presidents of town councils of any towns that are affected by the permit application.
(b) Two (2) paper copies and an electronic copy of the completed application and all supporting documentation must be submitted to the commissionerin triplicate,as follows:(1) Sent by registeredormail, certified mail, or private carrier or delivered in person.For all items larger than eleven (11) inches by seventeen (17) inches, one (1) of the three (3) required copies must be submitted on reproducible mylar plastic.(2) The electronic submission must be in the type and format as prescribed by the commissioner. The commissioner may make a determination that only an electronic copy is needed.(3) Plans and documentation accompanying the application shall be submitted as required by this section.
(c) Confidentiality of information submitted in the permit application may be requested in accordance with329 IAC 6.1 .
(d) All corporations must submit a certificate of existence signed by the secretary of state.
(e) Fees must be submitted with the application in accordance withIC 13-20-21 .
(f) An application for a solid waste processing facility permit must be accompanied by the plans or documents specified in this rule. Design drawings and specifications must be certified by a registered professional engineer. Design drawings must be properly titled.
(g) The following general documentation is required:(1) A United States Geological Survey (USGS) topographic quadrangle map or maps, seven and one-half (7 1/2) minute, or equivalent, to include all areas within two (2) miles of the proposed facility with property boundaries and the proposed processing facility clearly delineated.(2) Documentation of the base flood elevation within one-fourth (1/4) mile of the proposed facility. The following documentation will be accepted:(A) A letter from the Indiana department of natural resources.(B) A national flood insurance program map.
(h) Applications must include a plot plan or plans of the facility, including the following:(1) Access control measures such as fences, gates, or natural barriers.(2) A method of screening.(2) Any building where waste will be stored or processed.(3) The general layout of the equipment.(4) The traffic pattern.(5) Road access.(6) Surface water drainage.(7) Culverts, drainage tiles, and legal drains.(8) Gas and electric easements, power lines, and sewers.(9) Floodplains, floodways, wetlands, water courses, surface water features, and potable drinking water wells.(10) Roads and buildings, on and within one-half (1/2) mile of the facility, must be shown.The plot plans and drawings required by this section must be drawn to scale. A bar scale must be shown on the plans to indicate the scale if size changes occur.
(i) Applications must include drawings of all buildings and all structures used for the storage, processing, loading, and unloading of solid waste. Drawings must include the following:(1) The type of construction, construction materials, layout, and dimensions for the storage, processing, loading, and unloading areas.Drawings must also include(2) Sanitary facilities, plumbing, sewer connections, and utilities.All liquid waste streams generated or accepted by the facility must be shown on these drawings.
(j) Applications must include a narrative describing the proposed operation, including the following:(Solid Waste Management Board;(1) The anticipated type, quantity, and source of solid waste to be processed at the facility, including population and the area to be served. Include any analyses already completed on the waste and describe the sampling and analysis methods and equipment used. Describe any proposed sampling of waste streams, including analytical methods to be used.(2) A detailed description of all processes used in the handling, sorting, processing, and transportation of the waste, including a waste flow diagram for all waste streams and residues. Flow rates coinciding with the waste flow diagram must be specified.(3) A description of the proposed testing, treatment, and disposition of all waste resulting from the facility. Proposed testing must be adequate to provide for proper treatment and disposal of wastes.(4) Specifications for the base of all areas where wastes will be stored or handled. The surface must be made of materials such as concrete or asphalt. Storage areas must be equipped with spill prevention mechanisms such as curbs and aprons, or the waste must be kept in a leak proof container. Liquid waste storage facilities must be equipped with secondary containment.(5) Names and locations of solid waste land disposal facilities anticipated to receive waste and residue from the facility.(6) A contingency action planoutlining the method or methods of waste disposal to be implemented if the facility is unable to operate or process solid waste in accordance with the approved operating plan for more than twenty-four (24) continuous hours. Includeincluding design capacity of waste storage areas and normal percent of capacity used during routine operations. Specify the maximum inventory of wastes in storage or treatment that will occur at any time during the life of the facility.(7) Procedures for:(A) controlling:(i) dust;(ii) noise;(iii) odors;fire, explosions,(iv) vectors; and(v) litter;(B) waste screening; and(C) handling of bulky waste or other materials unsuitable for the proposed process.(8) Daily cleanup procedures for solid waste:(A) storage;(B) processing;(C) loading; and(D) unloading;areas.(9) Sanitary toilet facilities for employees.(10) Proposed operating hours for the facility.(11) An emergency response plan.329 IAC 11-9-2 ; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1936; filed Nov 4, 1999, 10:19 a.m.: 23 IR 562; readopted filed Nov 16, 2001, 4:43 p.m.: 25 IR 1126, eff Jan 1, 2002; errata filed Feb 6, 2002, 10:50 a.m.: 25 IR 1906; readopted filed May 14, 2007, 1:53 p.m.:20070523-IR-329070138BFA ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 71.329 IAC 11-9-4 IS AMENDED TO READ AS FOLLOWS:
Authority:329 IAC 11-9-4 Renewal permit application and minor modification applicationIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 ;IC 13-19-4-10
Sec. 4. (a) Renewal applications must be submitted at least one hundred twenty (120) days prior to the expiration date of the permit.
(b) A complete application for a solid waste processing facility permit renewal must consist of the following information, submitted on forms provided by the commissioner:(1) The name and address of the applicant.(2) The name and address of the property owner or owners.(3) The name, address, and location of the facility.(4) The operation permit number of the facility.(5) The legal description of the facility location as defined in329 IAC 11-2-20 .(6) Facility information, including the following:(A) A description of the type of operation.(B) The volume of waste received at the facility in cubic yards per day or tons per day.(C) The type of waste received at the site.(D) A copy of the most current facility operating plan.(7) Signatures and certification statements in compliance with section 3 of this rule.(8) In order to assist the commissioner in identifying persons entitled to notice:(A) in accordance withIC 4-21.5-3-4 andIC 4-21.5-3-5 , the name and address of all owners or last taxpayers of record of property located adjacent to the facility boundary of the solid waste processing facility; and(B) in accordance withIC 13-15-3-1 (a), the:(i) county executive of a county;that is affected by the permit application:(ii) the executive of a city;that is affected by the permit application;and(iii) the executive of a town council of a town;that is affected by the permit application.
(c) Fees must be submitted with the application in accordance withIC 13-20-21 .
(d) If the solid waste processing facility is not constructed before the permit must be renewed, the renewal application must include any construction and operation requirements as specified in this article, as amended in 2010, and applicable to the facility.(Solid Waste Management Board;329 IAC 11-9-4 ; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1939; readopted filed Nov 16, 2001, 4:43 p.m.: 25 IR 1128, eff Jan 1, 2002; readopted filed May 14, 2007, 1:53 p.m.:20070523-IR-329070138BFA ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 72.329 IAC 11-11-1 IS AMENDED TO READ AS FOLLOWS:
Authority:329 IAC 11-11-1 Issuance procedures; original permitsIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 ;IC 13-19-4-10
Sec. 1. (a) After the commissioner determines that the application is complete, the commissioner shall comply with the procedural requirements of:(1)IC 13-15-3 ;(2)IC 13-15-5-1 ;(3)IC 13-15-5-3 ; and(4)IC 13-15-6-1 throughIC 13-15-6-5 ;that are relevant to an application for an original permit for solid waste incinerator underIC 13-20-8 .
(b) If the commissioner determines that:(1) the permit application meets the requirements of this article; andthat(2) the facility will be constructed and operated in accordance with the requirements of this article;the permit must be granted. The commissioner may impose such conditions in a permit as may be necessary to comply with the requirements of this article,IC 13 , andIC 36-9-30 .
(c) The notice of the granting of a permit must state that the permit will not become effective until:(1) all financial responsibility documents have been executed and delivered to the commissioner in the form and amount specified; and(2)(1) any real estate transfers necessary to vest legal title of the real estate upon which the permitted activity is to occur in the name of the owner listed on the application have been completed, executed, and recorded; and(2) documents evidencingsuchthe transfer have been delivered to the commissioner.
(d) All permits must be issued in the name of the owner of the facility.
(e) Notwithstanding subsection(Solid Waste Management Board;(c)(2),(c) a variance granted underIC 13-14-8 must not be transferred to another person without independent proof of undue hardship or burden by the person seeking the transfer.329 IAC 11-11-1 ; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1940; 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 Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 73.329 IAC 11-11-6 IS AMENDED TO READ AS FOLLOWS:
Authority:329 IAC 11-11-6 Permit revocation and modificationIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 ;IC 13-19-4-10
Sec. 6. (a) The commissioner may:(1) revoke or modify a permit issued under this article if cause exists underIC 13-15-7-1 or if the solid waste processing facility is used for purposes other than those specified in the permit; andmay(2) request an updated application if necessary.When a permit is modified, only the conditions subject to modifications are reopened and subject to review underIC 13-15-7 andIC 4-21.5-3-7 . If a permit is revoked, the entire permit is reopened and subject to revision, and if the permit is reissued, it may be for a new term.
(b) If the facility is located in an area not suitable for the operation of a solid waste processing facility as specified under this article, the commissioner shall consider this issue as a sufficient basis for denying the modification or for revoking the permit unless the permittee demonstrates to the commissioner that continued use of the facility will not pose a threat to human health or the environment.
(c) Except as provided under(Solid Waste Management Board;329 IAC 11-3-4 , to request a change in the facility permit, the permittee shall request that the commissioner modify the permit. The permittee shall submit the requested modification and rationale forsuchthe modification. If the commissioner determines that the requested modification is consistent with the standards established in this article, the commissioner shall grant the modification. Only the conditions subject to modification are reopened. The commissioner shall give notice of the determination on the modification in accordance withIC 13-15-7 andIC 4-21.5-3-7 .329 IAC 11-11-6 ; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1941; readopted filed Nov 16, 2001, 4:43 p.m.: 25 IR 1131, eff Jan 1, 2002; readopted filed May 14, 2007, 1:53 p.m.:20070523-IR-329070138BFA ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 74.329 IAC 11-12-2 IS AMENDED TO READ AS FOLLOWS:
Authority:329 IAC 11-12-2 Preoperational requirementsIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 Affected:IC 13-30-2 ;IC 36-9-30
Sec. 2. Before beginning operation, a solid waste processing facility must complete the initial facility development outlined in the permitted plans and specifications. Initial facility development includes the following:(Solid Waste Management Board;(1) Construction of buildings or structures and on-site roads.(2) Installation of equipment for storage, processing, and handling of solid waste.and(3) Installation of the following:(A) Access control.(B) Sanitary facilities.(C) Signs.(D) Communication devices.and(E) Utilities.(4) Financial assurance must be established under329 IAC 11-16 for the solid waste processing facility.329 IAC 11-12-2 ; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1941; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed May 14, 2007, 1:53 p.m.:20070523-IR-329070138BFA ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 75.329 IAC 11-13.5 IS ADDED TO READ AS FOLLOWS:
Rule 13.5. Solid Waste Processing Facilities; Operational Requirements
Authority:329 IAC 11-13.5-1 ApplicabilityIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 Affected:IC 13-11-2-254 ;IC 13-30-6-7
Sec. 1. (a) Sections 2 through 9 of this rule apply to all solid waste processing facilities.
(b) In addition to subsection (a), the following sections of this rule apply to all transfer stations located in Indiana or that transfer solid waste from Indiana:(1) Sections 10 through 13 of this article [rule].(2) Section 14(a) of this rule.(3) Sections 15 through 17 of this rule.
(c) In addition to subsections (a) and (b), transfer stations in Indiana must adhere to section 14(b) of this rule.(Solid Waste Management Board;329 IAC 11-13.5-1 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
Authority:329 IAC 11-13.5-2 Access controlIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 Affected:IC 13-30-2 ;IC 36-9-30
Sec. 2. Access to all solid waste processing facilities must be:(Solid Waste Management Board;(1) allowed only when operating personnel are on duty; and(2) controlled by the use of:(A) gates;(B) fences; or(C) other appropriate means.329 IAC 11-13.5-2 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
Authority:329 IAC 11-13.5-3 On-site roadsIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 Affected:IC 13-30-2 ;IC 36-9-30
Sec. 3. An all-weather road that is passable by all vehicles utilizing the solid waste processing facility must be provided.(Solid Waste Management Board;329 IAC 11-13.5-3 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
Authority:329 IAC 11-13.5-4 SignsIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 Affected:IC 13-30-2 ;IC 36-9-30
Sec. 4. (a) All solid waste processing facilities must have a sign at least sixteen (16) square feet in area identifying the following:(1) The name of the facility.(2) The type of operation.(3) The facility's IDEM permit number.(4) The phone number for the person to be contacted in the event of an emergency.
(b) For facilities that grant access to the general public, for the use of the facility, the sign also must:(1) be posted at each point of vehicular access from a public road;(2) identify the time the facility is open to accept waste; and(3) identify the schedule of fees.
(c) For facilities that do not grant access to the general public:(Solid Waste Management Board;(1) the sign must be posted at the door of the facility building; or(2) upon request by the applicant, the commissioner may determine and approve appropriate alternative sign location, size, and information based on public access.329 IAC 11-13.5-4 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
Authority:329 IAC 11-13.5-5 Processing facilities waste criteriaIC 13-14-8-7 ;IC 13-15-2 ;IC 13-19-3
Sec. 5. Solid waste processing facilities may accept all solid waste regulated under this article except the following:(Solid Waste Management Board;(1) Hazardous waste that is regulated by329 IAC 3.1 .(2) Solid waste that is prohibited by the facility permit.329 IAC 11-13.5-5 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
Authority:329 IAC 11-13.5-6 Operational requirementsIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 6. (a) A solid waste processing facility must have the following:(1) An enclosed building, with solid walls and a door or doors except as specified in subsection (h). The door must be closed when the facility is not in operation.(2) A hard surface, such as concrete or asphalt, equipped with floor drains or liquid removal system or other equivalent method to manage liquids accumulating on the floor.(3) One (1) of the following:(A) Waste storage areas equipped with spill prevention mechanisms, such as curbs, aprons, or spill prevention kits.(B) Waste is stored in leak-proof containers.(4) Liquid waste storage equipped with secondary containment structure.(5) A storm water pollution prevention plan implemented as required by the rules of the water pollution control board at327 IAC 15 .
(b) Solid waste must be confined to the designated storage, processing, loading, and unloading areas of the processing facility. Solid waste processing that includes MSW must occur only in the enclosed building required in subsection (a)(1). The processing facility and adjacent areas must be maintained clean and litter free when not in use.
(c) Solid waste may not be stored overnight at the processing facility except in:(1) permitted storage areas; or(2) in covered transporting units.
(d) Residues from solid waste processing facilities and incinerators must be disposed of in accordance with329 IAC 10 .
(e) Salvaging, if undertaken, must not interfere with the facility operation or create:(1) pollution hazard;(2) a nuisance; or(3) a health hazard.
(f) At a minimum, all salvage materials must be stored in buildings or transportable containers while awaiting removal from the facility. No alternative methods of storing salvage materials may be used without obtaining prior written approval from the commissioner. Approval may be granted at the request of the permittee, if the permittee can demonstrate that the alternative method will provide a comparable level of environmental protection.
(g) An alternative design to subsection (a)(1) may be approved if it is demonstrated to the satisfaction of the commissioner that it will provide at least equivalent protection to public health and the environment.
(h) Any solid waste processing facility that:(Solid Waste Management Board;(1) has a valid permit and is operating as of the effective date of this section; and(2) does not process in an enclosed building;is not required to have an enclosed building as specified in subsection (a)(1).329 IAC 11-13.5-6 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
Authority:329 IAC 11-13.5-7 Safety requirementsIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 Affected:IC 13-30-2 ;IC 36-9-30
Sec. 7. (a) Vectors, dust, odors, spills, and noise must be controlled at all times such that there is no nuisance or health hazard at the facility.
(b) Equipment must be provided to abate or control fires. Open burning of solid waste is prohibited.
(c) Telephone or radio communication must be provided on-site.
(d) A first aid kit must be available on-site.
(e) Scavenging is prohibited.
(f) The facility must have a written emergency response plan.
(g) A spill prevention kit must be available on site.(Solid Waste Management Board;329 IAC 11-13.5-7 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
Authority:329 IAC 11-13.5-8 Use of contingency action planIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 Affected:IC 13-30-2 ;IC 36-9-30
Sec. 8. If the facility is unable to operate or process solid waste in accordance with its approved operating plan for more than a continuous twenty-four (24) hour period, the contingency action plan required in(Solid Waste Management Board;329 IAC 11-9-2 (j)(6) must be implemented.329 IAC 11-13.5-8 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
Authority:329 IAC 11-13.5-9 Records and reportsIC 13-14-8-7 ;IC 13-15-2 ;IC 13-19-3
Sec. 9. (a) The following must be furnished upon request and made available during normal operating hours for inspection by any officer, employee, or representative of the commissioner:(1) All solid waste processing facility records and reports required by this rule,329 IAC 11-14 , and329 IAC 11-15 .(2) All test results from testing of residues generated by the facility.
(b) Owners or operators of solid waste processing facilities shall maintain the records and reports required in subsection (a)(2) until certification of post-closure is deemed acceptable.(Solid Waste Management Board;329 IAC 11-13.5-9 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
Authority:329 IAC 11-13.5-10 Training-transfer stationsIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 10. The transfer station employee responsible for conducting the random inspections or constant overview required in section 13 of this rule shall be trained so as to be able to recognize the visual indications of solid waste as listed in section 13(b) of this rule.(Solid Waste Management Board;329 IAC 11-13.5-10 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
Authority:329 IAC 11-13.5-11 Inspections of transfer stationsIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 11. (a) The commissioner or any designated agent of the department, including a third party contractor, upon presentation of proper credentials shall have authority to:(1) enter onto transfer station property during the normal business hours of the transfer station; and(2) inspect the facility for purposes of assessing compliance with:(A) this rule;(B)329 IAC 11-7 ; and(C)329 IAC 11-14 through329 IAC 11-15 .
(b) The department shall recover costs associated with the inspection of any transfer station. The associated costs must include inspection and travel costs. Recovery of costs for inspections of transfer stations located in this state must be covered by the annual operation fee required inIC 13-20-21 . Cost recovery for any other transfer station must occur through an annual billing for the actual costs incurred by the department for inspections of that transfer station conducted during the previous calendar year, but must not exceed the dollar amount of the annual operation fee set forth inIC 13-20-21 that is required to be paid by transfer stations located in Indiana, plus the amount by which actual travel costs incurred in inspecting the transfer station exceed the highest travel cost incurred by the department during the calendar year for any single inspection of a transfer station located in Indiana.
(c) As used in this rule, "travel cost" includes any reimbursement for the following:(1) Mileage.(2) Fares paid for air or ground transportation.(3) Rental car fees.(4) Where reasonably required, meals and lodging, including any applicable taxes or gratuities.
(d) This section does not apply to a transfer station located outside Indiana if the:(1) transfer station is located in a jurisdiction that has a transfer station inspection program similar to that created by this rule; and(2) department has made a determination that the standards of the inspection program, as constituted and as applied, are substantially equivalent to the standards set forth in this rule.
(e) The department shall:(1) maintain a list of jurisdictions qualifying for the exception in subsection (d);(2) publish that list from time to time in the Indiana Register; and(3) provide a copy of the list to any party upon request and upon payment of the cost of providing a copy of the list.
(f) If the owner or operator of a transfer station located outside Indiana believes that the jurisdiction in which the transfer station is located should qualify for the exception in subsection (d), but the jurisdiction is not on the list maintained by the department under subsection (e), the operator may request that the department include the jurisdiction on the list. The department shall then:(Solid Waste Management Board;(1) promptly make a determination whether the jurisdiction qualifies for the exception in subsection (d);(2) either include or exclude the jurisdiction on the list in accordance with its determination; and(3) inform the owner or operator of its determination.329 IAC 11-13.5-11 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
Authority:329 IAC 11-13.5-12 Permits required for transfer stationsIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 Affected:IC 13-11-2-254 ;IC 13-30-6-7
Sec. 12. All transfer stations, other than those excluded under(Solid Waste Management Board;329 IAC 11-2-47 , that haul or ship MSW to an Indiana solid waste facility must hold:(1) a valid permit under this article if located in Indiana; or(2) hold a valid permit or applicable authorization issued by the appropriate governmental agency or agencies, if any, in other states, territories, or nations.329 IAC 11-13.5-12 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
Authority:329 IAC 11-13.5-13 Monitoring and managing incoming waste for transfer stationsIC 13-14-8-7 ;IC 13-15-2 ;IC 13-19-3
Sec. 13. (a) Except as provided in subsection (b), a transfer station may accept all solid waste regulated by this article including the following:(1) MSW.(2) Construction/demolition waste.(3) CESQG hazardous waste.(4) Industrial process waste.(5) Pollution control waste in nonleaking containers.(6) Any solid waste authorized by the facility permit.
(b) A transfer station may not accept any of the following:(1) Solid waste that is prohibited by the facility permit.(2) Liquid waste, as defined in329 IAC 10-2-106 .(3) Hazardous waste, except CESQG hazardous waste.(4) Infectious waste, except as provided in the rules of the state department of health at410 IAC 1-3-26 and section 15 of this rule.(5) Whole waste tires, except as provided in section 16 of this rule.(6) Lead-acid batteries prohibited byIC 13-20-16 .(7) Vegetative matter prohibited byIC 13-20-9 .(8) Waste or material containing PCB prohibited by329 IAC 4.1 .(9) RACM that is not managed in accordance with the rules of the air pollution control board at326 IAC 14-10 and329 IAC 10-8.2-4 .(10) Any appliance or motor vehicle air conditioner containing a refrigerant or other class I or class II substance that has not been removed as required by 40 CFR 82.156, revised as of July 1, 2002. 40 CFR 82.156 is available from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, (202) 783-3238.(11) Biosolid, as defined in the rules of the water pollution control board at327 IAC 6.1-2-7 , that is not managed in accordance with the rules of the water pollution control board at327 IAC 6.1-1-7 .(12) Wastewater, as defined in the rules of the water pollution control board at327 IAC 7.1-2-41 , that is not managed in accordance with the rules of the water pollution control board at327 IAC 7.1-7-1 .(13) More than two hundred twenty (220) pounds of pollution control waste in a shipment that is not enclosed in nonleaking containers.
(c) Incoming MSW must be monitored daily by transfer station employees. The monitoring must be conducted by personnel who are able to recognize the visual indications of solid waste as listed in subsection (b) that may be present in the MSW observed.
(d) The monitoring may be accomplished by either of the following methods:(1) Conducting, on a daily basis, a minimum of two (2) random inspections that must consist of a visual observation of all off-loaded MSW prior to processing.(2) An overview of the MSW on an ongoing basis by facility personnel.
(e) Random inspections conducted under subsection (d)(1) must be recorded in a format established by the department.
(f) A facility conducting overview inspections of the incoming MSW under subsection (d)(2) of this section must only record events in which solid waste as listed in subsection (b) is found. Records of such events must be in a format established by the department, and the waste must be managed in accordance with the applicable laws.(Solid Waste Management Board;329 IAC 11-13.5-13 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
Authority:329 IAC 11-13.5-14 General operating requirements for transfer stationsIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 14. (a) All transfer stations must be operated in a manner that minimizes the inclusion of liquids and does not allow vectors into the permitted waste stored, processed, and shipped from the transfer station. Such management practices include, but are not limited to, the following:(1) All facility floors and the loading bay tunnel must be maintained so as to prevent standing water within the facility structure. All drainage and liquids originating from:(A) storage, handling, and processing MSW;(B) cleaning floors; or(C) washout water from a MSW vehicle;must be properly directed to a sanitary sewer, a holding tank constructed and operated in accordance with any applicable local approvals, or the equivalent of a sanitary sewer or holding tank.(2) The facility tipping floor and loading bay tunnel must be cleaned daily while the facility is in operation by wash-down or other alternative method approved by the commissioner to prevent buildup of residue or waste, odors, and other nuisance conditions with all residuals being removed and disposed of properly. Litter must be collected daily or as needed to keep facility clean.(3) Any MSW that is stored overnight at the facility, except nonputrescible waste that has been segregated for recycling, must be removed from the site the following operating day except for holidays and weekends. Any MSW stored overnight must be stored in a manner to:(A) promote vector control; and(B) prevent odors and other nuisance conditions.
(b) The following operating conditions apply to all Indiana transfer stations:(Solid Waste Management Board;(1) Transfer stations that operate by discharging MSW directly from one (1) vehicle into a below the floor opening must have truck wheel curbs or an equivalent backup safety device or procedure.(2) Solid waste that has been segregated and designated as waste to be recycled must be:(A) stored in clearly identified containers or permitted areas; and(B) maintained in a safe, sanitary, and orderly manner.A record of the type and quantity of MSW shipped off-site for reuse or recycling must be maintained.(3) Wastewater liquids collected under subsection (a)(1) must be emptied as necessary and properly disposed of whenever necessary to prevent overflow of the holding tank.(4) An up-to-date copy of the plans and specifications approved by the department in granting the permit must be maintained on-site.329 IAC 11-13.5-14 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
Authority:329 IAC 11-13.5-15 Infectious waste at transfer stationsIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1 Affected:IC 13-11-2-254 ;IC 13-30-6-7
Sec. 15. The following conditions apply to all Indiana transfer stations that hold a valid permit under this article and are authorized to accept segregated infectious waste:(Solid Waste Management Board;(1) Infectious waste must be stored in a manner that:(A) preserves the integrity of containers; and(B) is not conducive to rapid microbial growth and putrefaction.The maximum duration for storage or containment of infectious waste must be limited to seven (7) days unless the department grants prior written approval for a longer period based on specific circumstances.(2) Storage and containment of infectious waste must be in:(A) a secure, vector free, and dry area separate from other solid waste at the facility; and(B) such a manner and location that eliminates the possibility of exposure to:(i) the environment;(ii) facility personnel; and(iii) the public.Infectious waste must not be mixed with, or come into contact with, other solid waste. In addition, storage areas must protect infectious waste from weather, be ventilated to the outdoors, be accessible only to authorized persons, and be marked with prominent warning signs. The warning signs must include the nationally recognized biohazard symbol, Unicode U+2623, and be easily read from a distance of twenty-five (25) feet. Outside storage areas containing infectious waste must be locked to prevent unauthorized access.(3) Infectious waste received by the facility must be packaged and labeled in accordance with the rules of the state department of health at410 IAC 1-3 , and the packaging and labeling must be maintained by the facility.(4) Containers used to contain other containers of infectious waste must be marked with prominent warning signs or conspicuously labeled with the biohazard symbol or the word "INFECTIOUS".(5) In addition to the requirements of this section, infectious waste must be labeled and packaged in accordance with applicable United States Department of Transportation regulations.(6) Infectious waste must be transported and delivered to a facility that:(A) holds a valid permit under this article and is authorized by the department in writing to accept and treat the waste; or(B) is permitted by the appropriate governmental agency or agencies if located in another state, territory, or nation.(7) Reusable containers for infectious waste must be thoroughly washed and decontaminated each time they are emptied, unless the surfaces of the containers have been completely protected from contamination by using disposable liners, bags, or other devices that are removed with the infectious waste. Reusable containers used for the storage of infectious waste must be disinfected before they are used for the storage or containment of any other solid waste or for other purposes.329 IAC 11-13.5-15 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
Authority:329 IAC 11-13.5-16 Incidental transfer of small amounts of whole waste tires at transfer stationsIC 13-14-8 ;IC 13-15-2 ;IC 13-19-3 ;IC 13-20-14-9.5 Affected:IC 13-20-14-9.5
Sec. 16. (a)IC 13-20-14-9.5 requires the removal of whole waste tires from MSW, as defined at329 IAC 10-2-115 , that is transferred at a transfer station, except as provided for in this section. The incidental transfer of small amounts of whole waste tires at a transfer station is allowed if the owner, operator, or permittee of that transfer station complies with one (1) of the following options:(1) The numeric standard described in subsection (b).(2) A procedure that meets the criteria in subsection (c).
(b) The numeric standard for incidental transfer of whole waste tires is not more than one (1) visible whole waste tire for each two hundred fifty (250) tons of MSW, as defined at329 IAC 10-2-115 , or not more than two (2) tires per day for transfer stations that transfer less than two hundred fifty (250) tons of waste per day.
(c) In lieu of complying with the numeric standard in subsection (b), an owner, operator, or permittee of a transfer station must develop and follow a written procedure. This procedure must:(Solid Waste Management Board;(1) be kept at the transfer station;(2) be designed to minimize the transfer of whole waste tires by ensuring that those tires that do not meet the definition of incidental transfer at329 IAC 11-2-15.1 are removed from the MSW;(3) designate by position and describe the duties of the person who is responsible for minimizing transfer of whole waste tires;(4) provide clear instructions to transfer station employees who handle waste tires and haulers for handling whole waste tires;(5) contain a system for:(A) identifying haulers who deliver whole waste tires to the transfer station; and(B) notifying those haulers that the disposal of whole waste tires is prohibited;(6) provide for proper storage and disposal or recycling of tires removed from MSW; and(7) document reduction in the numbers of whole waste tires incidentally transferred at that transfer station.329 IAC 11-13.5-16 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
Authority:329 IAC 11-13.5-17 Reporting for transfer stationsIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 17. (a) Inspection records must be maintained on site and available for review by the commissioner or any designated agent of the department for a period of one (1) year from the date of the inspection or event.
(b) Transfer stations must submit to the department by January 31 of each year an annual report, in a format established by the department, that identifies the following:(1) Any inspection that detected any solid waste as listed in section 13(b) of this rule at the facility.(2) The disposition of these wastes.
(c) The report must include all of the following:(Solid Waste Management Board;(1) The name of the facility.(2) The address of the facility.(3) The permit number of the facility.(4) The inspection date.(5) The name of the person conducting each inspection.(6) The type of waste found and how it was handled, including final disposition.(7) The name and address of the generator of waste found during an inspection if known.329 IAC 11-13.5-17 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 76.329 IAC 11-16-3 IS ADDED TO READ AS FOLLOWS:
Authority:329 IAC 11-16-3 Closure and post-closure requirementsIC 13-14-8-7 ;IC 13-15-2-1 ;IC 13-19-3-1
Sec. 3. (a) The permittee shall notify the department when the facility closes. The final closure of the facility shall be initiated within seventy-two (72) hours after receiving the final volume of waste. The following closure activities shall be performed at the facility during closure:(1) Notification of all affected parties that the facility is closed. A sign that includes the name and address of the nearest landfill or other processing facility accepting solid waste must be posted.(2) Removal of all solid waste stored at the facility. The solid waste must be properly disposed of at a permitted facility. All storage containers and recyclable waste must be removed.(3) Cleanup of tipping floor and solid waste storage areas so the facility is free of solid waste and contaminated liquids.(4) Removal of wastewater holding tanks, if applicable. The wastewater must be pumped out and properly disposed of in accordance with local, state, and federal laws.(5) Cleanup of septic tank, if applicable.(6) Cleanup of sediment pond, if applicable. Dredging of sediments may be required.
(b) Solid waste that contains any significant putrescible component or any other waste that may create pollution shall be removed from the facility within two (2) days of initiation of the facility final closure. All other closure activities shall be completed within ninety (90) days of initiation of the closure activities.
(c) The permittee shall submit to the department, within thirty (30) days of completion of closure, a closure certification signed by the permittee that specifically identifies the closed facility and documents that the closure was performed in accordance with the closure plan. The certification shall include the facility contact person's name, address, and telephone number during the post-closure period.
(d) The closure will be deemed adequate unless, within ninety (90) days of receipt of the certification required in subsection (c), the department issues a request for additional information for closure, including the following:(1) Additional action that needs to be taken.(2) The timetable for the necessary additional action.
(e) The permittee shall perform post-closure for one (1) year at the facility following completion of closure activities. The following duties shall be implemented after closure of the facility has been certified and deemed adequate by the department:(1) Minimizing the need for further maintenance.(2) Controlling the post-closure escape of contaminants to:(A) the ground surface;(B) surface waters;(C) ground waters; or(D) the atmosphere.(3) At a minimum, remaining in compliance with all applicable requirements of a permit issued under this article.(4) Inspecting the facility semiannually and submitting a written inspection report on the condition of the facility to the department within thirty (30) days of the inspection.(5) Maintaining the facility's surface water run-off controls as applicable.(6) Maintaining access control.(7) Removing any solid waste that may be illegally dumped at the closed facility.
(f) The duties described in subsection (e) may be modified by the commissioner based on the use of the property during the post-closure period.
(g) Within thirty (30) days of completion of the post-closure, the permittee shall submit a certification statement signed by the permittee that the post-closure requirements have been met. The post-closure certification will be deemed adequate unless within ninety (90) days of receipt of the certification, the department issues a request for additional information for post-closure, including action necessary to correct the deficiency.
(h) Subsequent to the completion of post-closure, the:(Solid Waste Management Board;(1) owner or operator of a closed facility; or(2) the owner of the property on which a closed facility is located;shall be responsible for immediately correcting and controlling any nuisance occurring at the facility.329 IAC 11-16-3 ; filed Jun 28, 2010, 2:11 p.m.:20100728-IR-329060070FRA )
SECTION 77. THE FOLLOWING ARE REPEALED:329 IAC 11-2-7 ;329 IAC 11-2-9 ;329 IAC 11-2-10 ;329 IAC 11-2-11 ;329 IAC 11-2-21 ;329 IAC 11-2-23 ;329 IAC 11-2-24 ;329 IAC 11-2-50 ;329 IAC 11-8-2.5 ;329 IAC 11-13 ;329 IAC 11-21 .
LSA Document #06-70(F)Proposed Rule:20091028-IR-329060070PRA Hearing Held: March 16, 2010Approved by Attorney General: June 18, 2010Approved by Governor: June 25, 2010Filed with Publisher: June 28, 2010, 2:11 p.m.Documents Incorporated by Reference: None Received by PublisherSmall Business Regulatory Coordinator: Alison Surface, IDEM Compliance and Technical Assistance Program - OPPTA, MC 60-04 IGCS W041, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 232-8172 or (800) 988-7901, ctap@idem.in.govSmall Business Assistance Program Ombudsman: Brad Baughn, IDEM Small Business Assistance Program Ombudsman, MC 50-01 IGCN 1307, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 234-3386, bbaughn@idem.in.govPosted: 07/28/2010 by Legislative Services Agency
DIN: 20100728-IR-329060070FRAComposed: Nov 01,2016 12:57:09AM EDTA PDF version of this document.
