reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 2. Regulation Generally; Adoption of Specific Rules › 13-22-2-6. Rules Setting Standards for Closure and Postclosure Monitoring and Maintenance Plans

Sec. 6. The board shall do the following:
(1) Adopt rules under IC 4-22-2 and IC 13-14-9 setting standards for closure and postclosure monitoring and maintenance plans.
(2) Include in the rules a requirement for prior notice of closure and a time limit for completion of closure.
[Pre-1996 Recodification Citation: 13-7-8.5-5.1(d).]
As added by P.L.1-1996, SEC.12. Amended by P.L.133-2012, SEC.150.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 2. Regulation Generally; Adoption of Specific Rules › 13-22-2-7. Rules Setting Standards for Corrective Action for Release of Hazardous Waste

Sec. 7. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 setting standards for corrective action for all releases of hazardous waste or constituents from any solid waste management unit at a hazardous waste facility. The standards must require that corrective action be taken beyond the facility boundary where necessary to protect human health and the environment, unless the owner or operator of the facility concerned demonstrates to the satisfaction of the commissioner that, despite the best efforts of the owner or operator, the owner or operator is unable to obtain the necessary permission to undertake that action. The rules adopted under this section apply to the following:
(1) All facilities operating under permits issued under IC 13-22-3 or IC 13-7-8.5 (before its repeal).
(2) All landfills, surface impoundments, and waste piles, including any new units, replacements of existing units, and lateral expansions of existing units, that receive hazardous waste after July 26, 1982.
[Pre-1996 Recodification Citation: 13-7-8.5-5.1(e).]
As added by P.L.1-1996, SEC.12. Amended by P.L.133-2012, SEC.151.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 3. Permits › 13-22-3-1. Permit Programs

Sec. 1. The department shall operate permit programs for all hazardous waste facilities in accordance with IC 13-15.
[Pre-1996 Recodification Citation: 13-7-8.5-5(a).]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 3. Permits › 13-22-3-2. Issuance

Sec. 2. The department shall issue permits for a hazardous waste facility constructed and operated in compliance with rules adopted by the board.
[Pre-1996 Recodification Citation: 13-7-8.5-5(b) part, (f).]
As added by P.L.1-1996, SEC.12. Amended by P.L.113-2014, SEC.76.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 3. Permits › 13-22-3-3. Restrictive Covenants

Sec. 3. (a) Before allowing the operation of a landfill for the disposal of hazardous waste, the commissioner and all the owners of the land upon which the landfill is located must execute and record a restrictive covenant upon the land involved. The department shall file the instrument imposing the restrictive covenant for record in the recorder's office in the county in which the landfill is located.
(b) The covenant must state that:
(1) the land has been or may be used as a landfill for disposal of hazardous waste; and
(2) neither the property owners, agents, or employees, nor any of their heirs, successors, lessees, or assignees, may engage in filling, grading, excavating, building, drilling, or mining on the property following the completion and closure of the landfill without authorization of the commissioner.
(c) Before the commissioner grants an authorization for the activities prohibited in the covenant, the commissioner shall review the following:
(1) The original design of the landfill.
(2) The type of operation.
(3) The hazardous waste deposited there.
(4) The state of decomposition of the hazardous wastes.
[Pre-1996 Recodification Citation: 13-7-8.5-5(d).]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 3. Permits › 13-22-3-4. Exceptions to Requirements

Sec. 4. There is no requirement for any of the following:
(1) A manifest for onsite transportation.
(2) A permit for treatment or recovery of hazardous waste generated as a residual or secondary material from a manufacturing process if the waste is:
(A) recycled;
(B) recovered; or
(C) reused;
by the person that generated or utilized the waste.
(3) A permit for the utilization of secondary material under IC 13-22-11.5.
[Pre-1996 Recodification Citation: 13-7-8.5-5(e).]
As added by P.L.1-1996, SEC.12. Amended by P.L.45-1997, SEC.18; P.L.128-1997, SEC.6.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 3. Permits › 13-22-3-5. Exemptions

Sec. 5. The commissioner may exempt the requirement for a permit for the storage, treatment, processing, or disposal of solid or hazardous wastes by a mining operation if:
(1) the mining operation has a permit under IC 14-34; and
(2) the commissioner determines that the department of natural resources is operating a program of regulation of solid and hazardous wastes derived from mining operations that is equivalent to the regulatory program for those wastes under the environmental management laws.
[Pre-1996 Recodification Citation: 13-7-8.5-5(f).]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 3. Permits › 13-22-3-6. Application for Construction Permit; Contents

Sec. 6. (a) An application for a permit for a hazardous waste treatment, storage, or disposal facility must include a closure plan. If hazardous waste is to be disposed of at the facility, the application must also include a postclosure monitoring and maintenance plan.
(b) The closure plan required under subsection (a) must include at a minimum the following:
(1) An estimate of the cost of closure.
(2) A description of the method of closure.
(3) Possible uses of the land after closure.
(4) Anticipated time before closure.
(5) An estimate of time to complete closure.
(c) The postclosure monitoring and maintenance plan required under subsection (a) must include at a minimum the following:
(1) An estimate of the cost of postclosure monitoring and maintenance for a period of thirty (30) years.
(2) A description of the system to be employed for security, groundwater and leachate monitoring, sampling analysis, and periodic reporting.
[Pre-1996 Recodification Citation: 13-7-8.5-5.1(a), (b), (c).]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 3. Permits › 13-22-3-7. Prior Convictions; Denial of Permit

Sec. 7. An individual, a partnership, a limited liability company, or a corporation who or that has been:
(1) convicted of a violation of the environmental management laws or IC 13-7 (before its repeal); and
(2) fined or imprisoned;
may not be issued a permit to own or operate a hazardous waste facility.
[Pre-1996 Recodification Citation: 13-7-8.5-5.2.]
As added by P.L.1-1996, SEC.12. Amended by P.L.137-2007, SEC.23.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 3. Permits › 13-22-3-8. Incinerator for Destruction of Pcb; Permits

Sec. 8. A permit may not be issued under this chapter for the construction or operation of an incinerator for the destruction of PCB at levels established under the federal Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or regulations adopted under the federal Toxic Substances Control Act and operated as a hazardous waste facility if the incinerator:
(1) burns or will burn municipal waste to fuel the incineration process; and
(2) is or will be in a solid waste management district established under IC 13-21-3-1 or IC 13-9.5-2-1 (before its repeal);
unless the solid waste management district has incorporated the incinerator as an active part of the district solid waste management plan submitted by the solid waste management district under IC 13-21-5-1 or IC 13-9.5-4-1 (before its repeal) and approved by the commissioner under IC 13-21-5-8, IC 13-21-5-9, or IC 13-9.5-4-3 (before its repeal).
[Pre-1996 Recodification Citation: 13-7-8.5-11.]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 3. Permits › 13-22-3-9. Incineration of Pcb

Sec. 9. In addition to any other requirements, a permit may not be issued under this chapter for the construction or operation of a hazardous waste facility to be used for the incineration of PCB or for an ancillary facility required by the incineration process unless the person applying for the permit has demonstrated all of the following:
(1) That the destruction or treatment technology to be used at the proposed hazardous waste facility has been in operation:
(A) at a facility that is equivalent to the proposed hazardous waste facility; and
(B) for a time sufficient to demonstrate that:
(i) ninety-nine and nine thousand nine hundred ninety-nine ten thousandths percent (99.9999%) of the PCB processed at the equivalent facility has been destroyed; and
(ii) a hazardous substance has not been released into another solid, liquid, or gaseous substance by the destruction or treatment technology used in the incineration process.
(2) That monitoring data from an equivalent hazardous waste facility demonstrates that there are no releases from the equivalent facility that alone or in combination with another substance present a risk of any of the following:
(A) An acute or a chronic human health effect.
(B) An adverse environmental effect.
(3) That a plan to:
(A) provide sufficient training, coordination, and equipment for state and local emergency response personnel needed to respond to possible releases of harmful substances from the proposed hazardous waste facility or ancillary facility; and
(B) evacuate persons in the geographic area at risk from the worst possible release of:
(i) the PCB; or
(ii) a substance produced in the destruction or treatment of the PCB;
from the proposed hazardous waste facility or ancillary facility;
has been funded and developed.
[Pre-1996 Recodification Citation: 13-7-8.5-11.3.]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 3. Permits › 13-22-3-10. Destruction or Treatment of Certain Chemical Munitions; Monitoring; Plan; Inspection and Oversight Protocol

Sec. 10. (a) In addition to any other requirements, a hazardous waste facility that generates or treats a hazardous waste classified as I001 must demonstrate all of the following:
(1) That the destruction or treatment technology to be used at the proposed hazardous waste facility:
(A) will destroy or treat ninety-nine and nine thousand nine hundred ninety-nine ten thousandths percent (99.9999%) of the chemical munition processed; or
(B) will ensure that the waste has been treated in such a way that designated chemical munition constituents are treated to a specific level as approved by the commissioner.
(2) That monitoring data from the hazardous waste facility demonstrates that there are no emissions from the facility that alone or in combination with another substance present a risk of any of the following:
(A) An acute or a chronic human health effect.
(B) An adverse environmental effect.
(3) That a plan to:
(A) provide sufficient training, coordination, and equipment for state and local emergency response personnel needed to respond to possible releases of harmful substances from the proposed hazardous waste facility; and
(B) evacuate persons in the geographic area at risk from the worst possible release of:
(i) the chemical munition; or
(ii) a substance related to the destruction or treatment of the chemical munition;
from the proposed hazardous waste facility;
has been funded and developed.
(b) The department shall implement an inspection and oversight protocol for each hazardous waste facility described in subsection (a) to ensure that the requirements of this title are met.
[Pre-1996 Recodification Citation: 13-7-8.5-13(b).]
As added by P.L.1-1996, SEC.12. Amended by P.L.172-2005, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 4. Manifests › 13-22-4-1. Uniform Hazardous Waste Manifest Form

Sec. 1. (a) A person that generates hazardous waste that is transported to a:
(1) treatment;
(2) storage; or
(3) disposal;
facility located at a site other than the site where the waste was generated shall use the Uniform Hazardous Waste Manifest form adopted by the United States Environmental Protection Agency for purposes of the transportation of hazardous waste.
(b) In addition to any other information a person is required to enter on the Uniform Hazardous Waste Manifest form described in subsection (a), the person shall enter, in an appropriate place on the form, the waste codes for each hazardous waste in a shipment that is transported to the treatment, storage, or disposal facility.
[Pre-1996 Recodification Citation: 13-7-8.5-7(a).]
As added by P.L.1-1996, SEC.12. Amended by P.L.143-2000, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 4. Manifests › 13-22-4-2. Manifest Form; Use; Requirements

Sec. 2. (a) A generator located in Indiana whose hazardous waste is transported to a treatment, storage, or disposal facility located in another state may use a manifest form prescribed by the law of the other state to meet the requirements of this chapter if the form is compatible with the form described in section 1 of this chapter.
(b) A generator located in a state other than Indiana whose hazardous waste is transported to a treatment, storage, or disposal facility in Indiana must:
(1) use the manifest form described in section 1 of this chapter; and
(2) meet the other requirements of IC 13-22-2 through IC 13-22-8 and IC 13-22-13 through IC 13-22-14.
[Pre-1996 Recodification Citation: 13-7-8.5-7(b).]
As added by P.L.1-1996, SEC.12. Amended by P.L.143-2000, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 4. Manifests › 13-22-4-3. Repealed

[Pre-1996 Recodification Citation: 13-7-8.5-7(c).]
As added by P.L.1-1996, SEC.12. Repealed by P.L.143-2000, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 4. Manifests › 13-22-4-3.1. Reports Regarding Hazardous Waste and Shipments

Sec. 3.1. (a) As used in this section, "acute hazardous waste" has the meaning set forth in IC 13-11-2-1.5.
(b) A person that:
(1) in any one (1) or more calendar months of a calendar year generates:
(A) more than one hundred (100) kilograms but less than one thousand (1,000) kilograms of hazardous waste;
(B) less than one (1) kilogram of acute hazardous waste; or
(C) less than one hundred (100) kilograms of material from the cleanup spillage of acute hazardous waste; or
(2) accumulates at least one thousand (1,000) kilograms of hazardous waste or less than one (1) kilogram of acute hazardous waste;
shall, before March 1 of each year, submit to the department on forms provided by the department a report, containing no more than a compilation of information from the Uniform Hazardous Waste Manifest form described in section 1(a) of this chapter, that summarizes the person's hazardous waste shipments during the previous calendar year.
(c) A person that:
(1) in any one (1) or more calendar months of a calendar year generates:
(A) more than one thousand (1,000) kilograms of hazardous waste;
(B) at least one (1) kilogram of acute hazardous waste; or
(C) at least one hundred (100) kilograms of material from the cleanup spillage of acute hazardous waste;
(2) accumulates at least six thousand (6,000) kilograms of hazardous waste or at least one (1) kilogram of acute hazardous waste; or
(3) is a treatment, storage, or disposal facility;
shall, before March 1 of each year, submit to the department either the biennial report required by the United States Environmental Protection Agency concerning the person's waste activities during the previous calendar year, or an annual report on forms provided by the department, containing no more than a compilation of information from the Uniform Hazardous Waste Manifest form described in section 1(a) of this chapter, that summarizes the person's hazardous waste shipments during the previous calendar year.
As added by P.L.143-2000, SEC.5. Amended by P.L.1-2001, SEC.20.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 4. Manifests › 13-22-4-4. Repealed

[Pre-1996 Recodification Citation: 13-7-8.5-7(d).]
As added by P.L.1-1996, SEC.12. Repealed by P.L.143-2000, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 4. Manifests › 13-22-4-5. Repealed

[Pre-1996 Recodification Citation: 13-7-8.5-7(f).]
As added by P.L.1-1996, SEC.12. Repealed by P.L.143-2000, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 5. Repealed

[Pre-1996 Recodification Citations:
13-22-5-1formerly 13-7-8.5-14(a)13-22-5-2formerly 13-7-8.5-14(b)13-22-5-3formerly 13-7-8.5-14(c)13-22-5-4formerly 13-7-8.5-14(d)13-22-5-5formerly 13-7-8.5-14(e)13-22-5-6formerly 13-7-8.5-14(f)13-22-5-7formerly 13-7-8.5-14(g)13-22-5-8formerly 13-7-8.5-14(h)13-22-5-9formerly 13-7-8.5-14(i)13-22-5-10formerly 13-7-8.5-14(j)13-22-5-11formerly 13-7-8.5-14(l)13-22-5-12formerly 13-7-8.5-14(k).]
Repealed by P.L.1-2009, SEC.174.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 6. Reporting Requirements › 13-22-6-1. Report to County Board of Health

Sec. 1. (a) An owner or operator of a hazardous waste disposal facility must submit each month, to the county board of health of the county in which the facility is located, a report that lists the hazardous wastes disposed of in that facility during the previous month.
(b) The disposal facility may satisfy the requirements of this section by submitting:
(1) photocopies of the facility daily log; or
(2) a copy of any other report listing the hazardous wastes disposed of in the facility.
[Pre-1996 Recodification Citation: 13-7-8.5-9.]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 7. Records › 13-22-7-1. Maintenance; Trade Secrets; Disclosure

Sec. 1. (a) The department shall:
(1) maintain records; and
(2) by means of a system of record keeping, tabulate the volume, nature, and location;
of hazardous wastes generated, stored, or disposed of within Indiana.
(b) Because of the potential relationship between hazardous wastes and proprietary processes of hazardous waste producers and operators of hazardous waste facilities, the commissioner shall, in accordance with IC 13-14-11, ensure that trade secrets disclosed to the commissioner or an authorized representative of the department are not otherwise disclosed:
(1) without the consent of the person; or
(2) as required by law.
[Pre-1996 Recodification Citation: 13-7-8.5-2.]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 7.5. Transportation of Chemical Munitions › 13-22-7.5-1. Application to Certain Persons

Sec. 1. This chapter applies to a person that transports:
(1) a chemical munition referred to in 329 IAC 3.1-6-3, as in effect on January 1, 2005; or
(2) hazardous waste derived from the bulk neutralization and destruction of the agent VX referred to in IC 13-11-2-25(6).
As added by P.L.172-2005, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 7.5. Transportation of Chemical Munitions › 13-22-7.5-2. Requirements Before Transporting Certain Substances

Sec. 2. (a) Subject to subsections (b) and (c), before transporting a substance referred to in section 1 of this chapter, a person must coordinate the transport with the appropriate state agencies of each state through which the substance will be transported and file in Indiana the following with the department, the state police department, and the department of homeland security established by IC 10-19-2-1:
(1) A written evaluation of potential transportation risks that:
(A) accounts for the type and quantity of hazardous waste to be transported;
(B) identifies the most likely types of incidents that could:
(i) occur during the transport; and
(ii) result in harm to the public health or environment;
(C) assesses the likelihood of the occurrence of each type of incident referred to in clause (B);
(D) identifies the magnitude of the potential harm to the public health or environment associated with each type of incident referred to in clause (B); and
(E) is written in a manner understandable to:
(i) the scientific community; and
(ii) the public.
(2) A written transport safety plan that:
(A) is tailored to the risks described in subdivision (1);
(B) demonstrates that the driver of each vehicle to be used in the transport:
(i) has received United States Department of Transportation training and licensure; and
(ii) is familiar with the content of the plan;
(C) demonstrates for the transport route that appropriate procedures and response personnel will be available for:
(i) medical response;
(ii) environmental response;
(iii) local law enforcement response; and
(iv) evacuation of the area; and
(D) provides for submitting notice to the department before the first shipment of each particular chemical munition or hazardous waste described in section 1 of the chapter is transported.
(b) A notice submitted under the transport safety plan provision described in subsection (a)(2)(D) must include the estimated shipment schedule for each chemical munition or hazardous waste for the duration of the transport activity. A person who transports a chemical munition or hazardous waste described in subsection (a) shall immediately notify the department of any major variations from the estimated shipment schedule provided under this subsection.
(c) A person must file an amended:
(1) evaluation of potential transportation risks; and
(2) transport safety plan;
under subsection (a) only if the proposed transport route changes.
As added by P.L.172-2005, SEC.2. Amended by P.L.1-2009, SEC.109.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 7.5. Transportation of Chemical Munitions › 13-22-7.5-3. Transport at Times Providing Maximum Public Safety

Sec. 3. The transport of a substance referred to in section 2 of this chapter shall occur at times that provide maximum public safety.
As added by P.L.172-2005, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 8. Financial Responsibility Standards › 13-22-8-1. Rules

Sec. 1. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-9 on standards of financial responsibility for the following:
(1) Closure.
(2) Postclosure monitoring at hazardous waste facilities.
(3) Any required corrective action at those facilities.
(b) The rules adopted under this section must reflect the provisions for financial responsibility prescribed by section 2 of this chapter.
[Pre-1996 Recodification Citation: 13-7-8.5-5(c).]
As added by P.L.1-1996, SEC.12. Amended by P.L.133-2012, SEC.152.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 8. Financial Responsibility Standards › 13-22-8-2. Bankruptcy of Owner or Operator of Facility; Proof of Financial Responsibility; Liability of Guarantor

Sec. 2. (a) The rules on financial responsibility for monitoring and corrective action at hazardous waste facilities adopted by the board under section 1 of this chapter and IC 4-22-2 must state that evidence of financial responsibility may be provided through one (1) or more of the following:
(1) Insurance.
(2) Guaranty.
(3) A surety bond.
(4) A letter of credit.
(5) Qualification as a self-insurer.
The rules may specify that certain terms, conditions, or defenses are necessary or are unacceptable in a policy or contract through which proof of financial responsibility is to be provided.
(b) If the owner or operator of a hazardous waste facility is in bankruptcy, reorganization, or arrangement under the federal bankruptcy law, or if no state or federal court could obtain jurisdiction over an owner or operator likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility is provided may be asserted directly against the guarantor. In an action based upon such a claim, the guarantor may invoke:
(1) all rights and defenses that would have been available to the owner or operator if the action had been brought against the owner or operator by the claimant; and
(2) all rights and defenses that would have been available to the guarantor if an action had been brought against the guarantor by the owner or operator.
(c) The total liability of a guarantor under this section is limited to the aggregate amount in which the guarantor has provided evidence of financial responsibility for the owner or operator of a hazardous waste facility. This section does not limit any other liability of a guarantor to the owner or operator of a hazardous waste facility, such as liability for bad faith in negotiating or in failing to negotiate the settlement of any claim.
[Pre-1996 Recodification Citation: 13-7-8.5-10(b), (c), (d).]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 9. Financial Responsibility for Operators of Hazardous Waste Landfills, Solid Waste Landfills, and Transfer Stations › 13-22-9-1. Prerequisite for Permit

Sec. 1. Except as provided in section 8 of this chapter, a person that applies for a permit to operate a:
(1) hazardous waste landfill;
(2) solid waste landfill; or
(3) transfer station;
must establish financial responsibility for the costs of closure and postclosure monitoring and maintenance of the hazardous waste landfill, solid waste landfill, or transfer station.
[Pre-1996 Recodification Citation: 13-7-32-4.]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 9. Financial Responsibility for Operators of Hazardous Waste Landfills, Solid Waste Landfills, and Transfer Stations › 13-22-9-2. Extent

Sec. 2. The financial responsibility established under section 1 of this chapter must cover the costs of:
(1) properly closing, in an environmentally sound manner; and
(2) during postclosure, monitoring and maintaining;
the hazardous waste landfill, solid waste landfill, or transfer station.
[Pre-1996 Recodification Citation: 13-7-32-5(a).]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 9. Financial Responsibility for Operators of Hazardous Waste Landfills, Solid Waste Landfills, and Transfer Stations › 13-22-9-3. Establishment

Sec. 3. Financial responsibility may be established under section 1 of this chapter by filing one (1) or a combination of the following with the commissioner:
(1) Trust fund agreement.
(2) Surety bond with a standby trust fund agreement.
(3) Letter of credit with a standby trust fund agreement.
(4) Insurance policy with a standby trust fund agreement.
(5) If the person applying for a permit derives less than fifty percent (50%) of the person's gross revenue from waste management, proof that the person meets a financial test established by the board.
[Pre-1996 Recodification Citation: 13-7-32-5(b).]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 9. Financial Responsibility for Operators of Hazardous Waste Landfills, Solid Waste Landfills, and Transfer Stations › 13-22-9-4. Amount Necessary for Landfill

Sec. 4. The amount of financial responsibility a person must establish under section 1 of this chapter for a hazardous waste landfill or a solid waste landfill must:
(1) be the greater of:
(A) fifteen thousand dollars ($15,000) for each acre or part of an acre covered by the hazardous waste landfill or solid waste landfill; or
(B) an amount determined by the commissioner that is sufficient to close the hazardous waste landfill or solid waste landfill in a manner that:
(i) minimizes the need for further maintenance; and
(ii) provides reasonable, foreseeable, and necessary maintenance during postclosure; and
(2) provide assurance of proper postclosure maintenance and monitoring for at least thirty (30) years after the hazardous waste landfill or solid waste landfill has ceased operations.
[Pre-1996 Recodification Citation: 13-7-32-6(a).]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 9. Financial Responsibility for Operators of Hazardous Waste Landfills, Solid Waste Landfills, and Transfer Stations › 13-22-9-5. Amount Necessary for Transfer Station

Sec. 5. The amount of financial responsibility a person must establish under section 1 of this chapter for a transfer station must:
(1) be the greater of:
(A) four thousand dollars ($4,000) for each acre or part of an acre covered by the transfer station; or
(B) an amount determined by the commissioner that is sufficient to close the transfer station in a manner that:
(i) minimizes the need for further maintenance; and
(ii) provides reasonable, foreseeable, and necessary maintenance during postclosure; and
(2) provide assurance of proper postclosure maintenance for one (1) year after the transfer station has ceased operations.
[Pre-1996 Recodification Citation: 13-7-32-6(b).]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 9. Financial Responsibility for Operators of Hazardous Waste Landfills, Solid Waste Landfills, and Transfer Stations › 13-22-9-6. Closure or Postclosure Costs; Source Upon Noncompliance

Sec. 6. The commissioner may use:
(1) a trust fund agreement;
(2) a surety bond;
(3) a letter of credit; or
(4) an insurance policy;
required under this chapter for the closure or postclosure monitoring and maintenance of a hazardous waste landfill, solid waste landfill, or transfer station if the person that files the trust fund agreement, surety bond, letter of credit, or insurance policy does not comply with closure or postclosure requirements.
[Pre-1996 Recodification Citation: 13-7-32-7.]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 9. Financial Responsibility for Operators of Hazardous Waste Landfills, Solid Waste Landfills, and Transfer Stations › 13-22-9-7. Rules; Criteria

Sec. 7. The board shall adopt rules under IC 4-22-2 and IC 13-14-8 to do the following:
(1) Implement this chapter.
(2) Establish criteria to determine the following:
(A) When the closure and postclosure monitoring and maintenance requirements have been met by a person that provides financial responsibility under section 1 of this chapter.
(B) How money in a trust fund agreement, surety bond, letter of credit, or insurance policy provided by a person under section 3 of this chapter may be released to the person when the person meets closure and postclosure requirements.
[Pre-1996 Recodification Citation: 13-7-32-8.]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 9. Financial Responsibility for Operators of Hazardous Waste Landfills, Solid Waste Landfills, and Transfer Stations › 13-22-9-8. Closure and Postclosure Costs; Financial Responsibility; Self-Insurance

Sec. 8. (a) A municipal corporation that owns or operates a solid waste landfill that:
(1) is used exclusively to dispose of ash; and
(2) complies with construction standards established under:
(A) the federal Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.); and
(B) regulations adopted under the federal Resource Conservation and Recovery Act in effect January 1, 1991;
is not required to establish financial responsibility for the costs of closure and postclosure monitoring and maintenance of the solid waste landfill under this chapter if the fiscal body of the municipal corporation adopts a resolution in which the fiscal body elects to practice self-insurance with respect to those costs and commits to the expeditious transfer of money to cover closure and postclosure costs.
(b) A fiscal body adopting a resolution referred to in subsection (a) is not required to:
(1) set aside financial resources for meeting the costs referred to in subsection (a) when the resolution is adopted; or
(2) indicate in the resolution whether financial resources will be set aside to meet those costs.
(c) The amounts set forth in sections 4 through 5 of this chapter do not apply to the practice of self-insurance by a municipal corporation under this section if the fiscal body of the municipal corporation determines in the resolution adopted under this section that the program of self-insurance established by the resolution is adequate to meet the costs of:
(1) closure; and
(2) postclosure monitoring and maintenance;
of the solid waste landfill owned or operated by the municipal corporation.
[Pre-1996 Recodification Citation: 13-7-32-9.]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 10. Hazardous or Low Level Radioactive Waste Facility Site Approval › 13-22-10-1. Repealed

[Pre-1996 Recodification Citation: 13-7-8.6-2.3.]
As added by P.L.1-1996, SEC.12. Repealed by P.L.124-1996, SEC.30.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 10. Hazardous or Low Level Radioactive Waste Facility Site Approval › 13-22-10-2. Repealed

[Pre-1996 Recodification Citation: 13-7-8.6-13.]
As added by P.L.1-1996, SEC.12. Repealed by P.L.124-1996, SEC.30.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 10. Hazardous or Low Level Radioactive Waste Facility Site Approval › 13-22-10-5. Approval of Construction

Sec. 5. (a) This section does not apply to a person who applied for a certificate of environmental compatibility under IC 13-7-8.6 (before its repeal) before July 1, 1995.
(b) A person who proposes to construct a hazardous waste disposal facility permitted under IC 13-22, a commercial hazardous waste facility permitted under IC 13-22, or a commercial low level radioactive waste facility permitted under IC 13-29-1-6 may not begin construction of the facility until:
(1) the person has obtained all approvals to construct the facility required under applicable zoning ordinances or other zoning laws; or
(2) if the facility is located in an area that is not subject to a zoning ordinance or other zoning law, the person has obtained approval to construct the facility from the county executive of the county in which the facility would be located.
As added by P.L.124-1996, SEC.11. Amended by P.L.45-1997, SEC.19.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 10. Hazardous or Low Level Radioactive Waste Facility Site Approval › 13-22-10-23. Effects of Granting Certificate; Limitations of Local Government

Sec. 23. (a) A:
(1) certificate of environmental compatibility granted under:
(A) IC 13-7-8.6 (before its repeal); or
(B) this chapter (before the expiration of the sections of this chapter authorizing the hazardous waste facility site approval authority to grant certificates of environmental compatibility);
preempts any local government zoning or other land use regulations, laws, or ordinances; and
(2) person obtaining the certificate of environmental compatibility is not required to apply for approval by:
(A) a regional;
(B) a county; or
(C) a municipal;
zoning board or authority.
(b) Local government may not prohibit or unduly restrict:
(1) the transportation of hazardous waste or low level radioactive waste through the local government's area of jurisdiction that is en route to a facility; or
(2) the:
(A) treatment;
(B) storage; or
(C) disposal;
of hazardous waste or low level radioactive waste at a facility within the jurisdiction of the local government.
As added by P.L.124-1996, SEC.29. Amended by P.L.1-2001, SEC.21.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 11. Hazardous Waste Reduction › 13-22-11-1. Information Gathering and Dissemination

Sec. 1. (a) The office shall do the following:
(1) Continuously gather information on secondary material utilization or waste reduction practices and technology from sources within and outside Indiana.
(2) Provide information and advice on secondary material utilization or waste reduction in response to a request from a business or business organization that is active in Indiana.
(b) In the absence of a request, the office may, at the direction of the commissioner, present advice on secondary material utilization or waste reduction to a business that:
(1) is active in Indiana; and
(2) in the judgment of the commissioner, could:
(A) significantly reduce;
(B) eliminate; or
(C) avoid;
the generation and disposal of hazardous waste through waste reduction or secondary material utilization under IC 13-22-11.5.
The office shall study the information to be presented with advice under this subsection.
[Pre-1996 Recodification Citation: 13-7-27-4.]
As added by P.L.1-1996, SEC.12. Amended by P.L.45-1997, SEC.20; P.L.128-1997, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 11. Hazardous Waste Reduction › 13-22-11-2. Advice; Priorities

Sec. 2. In directing the office to present advice to businesses under section 1(b) of this chapter, the commissioner shall establish a priority among types of businesses according to the following:
(1) The degree or magnitude of waste reduction that could be achieved by a type of business, in comparison to the waste reduction that could be achieved by other businesses.
(2) The financial and technical feasibility of the waste reduction practices and technologies available to various types of businesses.
(3) The statewide waste reduction impact likely to be achieved through presenting advice to a type of business due to the prevalence of that type of business in Indiana.
(4) Any other factors that, in the judgment of the commissioner, may affect the overall effectiveness of the office in promoting waste reduction in Indiana.
[Pre-1996 Recodification Citation: 13-7-27-5.]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 11. Hazardous Waste Reduction › 13-22-11-3. Reports Under Federal Resource Conservation and Recovery Act

Sec. 3. A person who submits a report to the department under 42 U.S.C. 6922(a)(6) may include with the report the information listed under section 4 of this chapter.
[Pre-1996 Recodification Citation: 13-7-27-6.]
As added by P.L.1-1996, SEC.12. Amended by P.L.122-1996, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 11. Hazardous Waste Reduction › 13-22-11-4. Contents of Report; Confidentiality for Trade Secrets

Sec. 4. (a) The following information may be included with the report under section 3 of this chapter for the period covered by the report:
(1) A description of the industrial operation that generated the hazardous waste, including information on the following:
(A) The steps taken in the operation.
(B) The machinery and materials used in the operation.
(C) The inputs and outputs of the operation.
(2) Proposals that would implement waste reduction in the type of industrial operation that generated the hazardous waste.
(3) A statement that the information is accurate to the best of the generator's knowledge.
(4) Any other information the generator desires to provide to the department to obtain voluntary technical assistance from the department.
(b) A person who:
(1) submits information to the department under subsection (a); and
(2) believes that the information or a part of the information is a trade secret or otherwise warrants confidential treatment;
may submit the information under a claim of confidentiality in accordance with IC 13-14-11 and IC 5-14-3-4.
(c) A person who submits information under subsection (a) that is determined to be confidential may not unreasonably withhold permission from the department to disclose to the public general or generic information on waste reduction techniques derived from the submitted information if the disclosure will not divulge:
(1) the trade secret; or
(2) other specific, substantive basis of confidentiality.
[Pre-1996 Recodification Citation: 13-7-27-7.]
As added by P.L.1-1996, SEC.12. Amended by P.L.122-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 11.5. Secondary Material Exemption › 13-22-11.5-1. Construction of Chapter

Sec. 1. This chapter may not be construed:
(1) as allowing a person to exercise less than reasonable precautions in the handling of hazardous secondary materials; or
(2) to be less stringent than federal law.
As added by P.L.45-1997, SEC.21.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 11.5. Secondary Material Exemption › 13-22-11.5-2. Secondary Material Not a Solid Waste

Sec. 2. A secondary material that is not a solid waste as defined under 40 CFR 261.2(e) or is legitimately utilized in an industrial or manufacturing process, except reclamation, with no significant increase in the threat it poses to health or the environment, is not a solid waste.
As added by P.L.45-1997, SEC.21. Amended by P.L.128-1997, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 11.5. Secondary Material Exemption › 13-22-11.5-3. Residue of Utilization of Secondary Material Not Exempt; Status Determination

Sec. 3. A residue of the utilization of a secondary material that does not itself qualify as an exempt secondary material is subject to a new determination as to its status as a hazardous waste, and, if listed under IC 13-22-2-3(b), does not retain the listing of the secondary material from which it may have been derived.
As added by P.L.45-1997, SEC.21.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 11.5. Secondary Material Exemption › 13-22-11.5-4. Written Recognition of Secondary Material

Sec. 4. A person may request the commissioner to acknowledge in writing the recognition of a secondary material exemption under this chapter. The commissioner shall respond to the request not later than ninety (90) days after the request is received.
As added by P.L.45-1997, SEC.21.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 11.5. Secondary Material Exemption › 13-22-11.5-5. Effect of Exemption on Other Exemptions From Regulations

Sec. 5. The exemption from regulation provided in this chapter is in addition to any other exemption from regulation as a solid waste provided in rules adopted by the board.
As added by P.L.45-1997, SEC.21. Amended by P.L.2-1998, SEC.53.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 12. Hazardous Waste Fees › 13-22-12-1. Establishment

Sec. 1. Notwithstanding the fees established under IC 13-16-1, the hazardous waste:
(1) permit application fees;
(2) annual operation fees;
(3) prices for purchasing manifests; and
(4) disposal fees;
provided for in this chapter are established.
[Pre-1996 Recodification Citation: 13-7-16.1-3(h) part.]
As added by P.L.1-1996, SEC.12. Amended by P.L.220-2014, SEC.22.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 12. Hazardous Waste Fees › 13-22-12-2. Fee Schedule; Application Fees

Sec. 2. For hazardous waste, the application fees are as follows:
New Permit Application
Fee
Land Disposal
$40,600
Incinerator (per unit)
$21,700
Storage
$23,800
Treatment
$23,800
Permit Renewal or
Class 3 Modification
Land Disposal
$34,000
Incinerator
$21,700
Storage
$17,200
Treatment
$17,200
Class 2 Modification
Class 2 Modification
$ 2,250
[Pre-1996 Recodification Citation: 13-7-16.1-3(h) part.]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 12. Hazardous Waste Fees › 13-22-12-3. Fee Schedule; Annual Operation Fees

Sec. 3. For hazardous waste, the annual operation fees are as follows:
Fee
Land Disposal
$37,500
Incinerator (per unit)
$10,000
Storage
$ 2,500
Treatment
$10,000
Generator
$ 1,565
Postclosure Activity
$ 1,500
Groundwater Compliance
Sampling at active
facilities (per well)
$ 1,000
[Pre-1996 Recodification Citation: 13-7-16.1-3(h) part.]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 12. Hazardous Waste Fees › 13-22-12-3.5. Fees for Disposal of Hazardous Waste

Sec. 3.5. (a) For the disposal of hazardous waste in Indiana, the fees are as follows:
(1) For hazardous waste disposed of in a disposal facility, eleven dollars and fifty cents ($11.50) per ton. If hazardous waste is mixed with or dissolved or suspended in water or another liquid at the time it is disposed of in a disposal facility, the entire mixture, solution, or suspension disposed of is considered hazardous waste disposed of in a disposal facility for the purposes of this subdivision.
(2) For hazardous waste disposed of by underground injection, eleven dollars and fifty cents ($11.50) per ton. However, a person required to pay disposal fees under this subdivision is not liable for more than twenty-five thousand dollars ($25,000) in disposal fees under this subdivision for all hazardous waste disposed of by the person by underground injection in one (1) calendar year.
(b) Fees imposed under subsection (a)(1) shall be paid by the operator of the disposal facility at which the hazardous waste is disposed of. For hazardous waste disposed of by underground injection at a location other than a disposal facility, the fee imposed on the disposal of the hazardous waste under subsection (a)(2) shall be paid by the person disposing of the hazardous waste.
(c) Fees imposed under this section begin accruing on January 1 of each year. The fees that accrue under this section during a calendar year shall be paid to the department on or before March 1 of the following year.
(d) The fees imposed under this section shall be based on the total tonnage of hazardous waste disposed of. The fees do not apply to the treatment or storage of hazardous waste in a disposal facility.
(e) The fees paid to the department under this section shall be deposited and paid over as provided in section 3.6 of this chapter.
As added by P.L.220-2014, SEC.23. Amended by P.L.147-2015, SEC.22.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 12. Hazardous Waste Fees › 13-22-12-4. Repealed

[Pre-1996 Recodification Citation: 13-7-16.1-3(h) part.]
As added by P.L.1-1996, SEC.12. Repealed by P.L.143-2000, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 12. Hazardous Waste Fees › 13-22-12-5. Remittance of Fee Required; Denial of Permit

Sec. 5. (a) When a person files a hazardous waste permit application with the department, the person must remit an application fee to the department.
(b) If a person does not remit an application fee to the department, the department shall deny the person's application.
[Pre-1996 Recodification Citation: 13-7-16.1-3(i).]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 12. Hazardous Waste Fees › 13-22-12-6. Accrual of Annual Operation Fees

Sec. 6. Hazardous waste annual operation fees begin accruing January 1 each year. The department shall assess the fees not later than June 15 of that year.
[Pre-1996 Recodification Citation: 13-7-16.1-3(j).]
As added by P.L.1-1996, SEC.12. Amended by P.L.250-2019, SEC.33.