reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 25 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Location Restrictions › Section 25-2 - Solid waste boundary limits; nonmunicipal solid waste landfills

Current through July 10, 2024
Authority: IC
				  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.
On and after the effective date of this article, the solid
				  waste boundary of new nonmunicipal solid waste landfills and the additional
				  areas beyond that which has been previously approved for existing nonmunicipal
				  solid waste landfills must be prohibited from the following areas:
(1) Wetlands in violation of Section 404 of
				the Clean Water Act as amended February 4, 1987.
(2) The critical habitat of an endangered
				species as defined by 50 CFR 17.
(3) Floodways of drainage areas greater than
				one (1) square mile, without the approval of the department of natural
				resources and floodways without provisions to prevent washout of the
				waste.
(4) Within areas of karst
				topography, without provisions to collect and contain all of the leachate
				generated, and without a demonstration that the integrity of the landfill will
				not be damaged by subsidence.
(5)
				Over mines, unless it is demonstrated that the integrity of the landfill will
				not be damaged by subsidence.
(6)
				Within six hundred (600) feet of a potable water well, in use as a water supply
				for a dwelling or dwellings on the date of public notice for zoning approval
				for the permitted activity or the date of public notice by the commissioner of
				the permit application, whichever occurs first, unless written consent is
				obtained from the owner of the well.
(7) Within six hundred (600) feet of any
				dwelling, in existence on the date of public notice for zoning approval for the
				permitted activity or the date of public notice by the commissioner of the
				permit application, whichever occurs first, unless written consent has been
				obtained from the occupant and the owner of the dwelling.
(8) Within one hundred (100) feet of the
				normal water line of any lake, reservoir, or continuously flowing
				stream.
(9) Within the floodplain
				unless the waste is protected from floodwater inundation by a dike with a top
				elevation not less than three (3) feet above the base flood
				elevation.
(10) Within one hundred
				(100) feet of the real property boundaries of the facility.
(11) Within one thousand two hundred (1,200)
				feet of any public water supply well, in use as such on the date of public
				notice for zoning approval for the permitted activity or the date of public
				notice by the commissioner of the permit application, whichever occurs first,
				unless written consent is obtained from the owner of the well.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 26 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Liner System Design Standards and Height Increases › Section 26-1 - Design standards; restricted waste sites Type I and Type II

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 1.
(a) On and
				after the effective date of this article, for new restricted waste sites Type I
				and Type II or any increased height and horizontal expansions of the fill area
				beyond that which had been approved previously, a barrier must be placed
				between the solid waste and an aquifer. The barrier must consist of the
				following:
(1) Soil, whether undisturbed,
				constructed, or a combination thereof, with an equivalent hydraulic
				conductivity through the barrier of less than or equal to 1 ×
				10-6 centimeters per second.
(2) A minimum thickness consisting of the
				following:
(A) For Type I sites, fifteen (15)
				feet or ten (10) feet if the waste is demonstrated to have an equivalent
				hydraulic conductivity through the barrier of less than 1 ×
				10-6 centimeters per second. A greater thickness may
				be required where necessary to protect human health and the
				environment.
(B) For Type II sites,
				a range between five (5) feet and ten (10) feet depending upon the permeability
				of the waste.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 26 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Liner System Design Standards and Height Increases › Section 26-2 - Design standards; nonmunicipal solid waste landfills

Current through July 10, 2024
Authority: IC 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.
On and after the effective date of this article, the fill
				  area of new nonmunicipal solid waste landfills and horizontal expansions of the
				  fill area to areas beyond that which previously have been approved for existing
				  facilities, the following must be required:
(1) The following are requirements for
				nonmunicipal solid waste landfills, except for the alternative provisions of
				subdivision (2):
(A) Have a leachate
				collection system with the following specifications:
(i) A drainage layer overlying the entire
				base of the proposed fill area, with a minimum thickness of one (1) foot and a
				minimum hydraulic conductivity of not less than 1 ×
				10-3 centimeters per second.
(ii) The base of the drainage layer must have
				a minimum slope of two percent (2%) toward the leachate collection
				lines.
(iii) The upper three (3)
				feet of material beneath the drainage layer and piping must be recompacted to
				achieve an equivalent hydraulic conductivity of not more than 1 ×
				10-7 centimeters per second.
(iv) The system must be designed to limit the
				leachate level above the base of the landfill to a maximum of one(1) foot under
				the conditions that would be present after the final cover has been placed at
				the landfill.
(v) A piping system
				with a minimum slope of five-tenths percent (0.5%) and a minimum diameter of
				six (6) inches.
(vi) A maximum
				length of leachate collection lines that must not exceed the capabilities of
				available clean-out devices.
(vii)
				The design submitted for the leachate collection system must adequately address
				the following:
(AA) Prevention of crushing
				and clogging of the leachate collection system.
(BB) Protection of the liner and the leachate
				collection system from damage due to uplift from hydrostatic forces.
(CC) Phasing of construction and inspection
				procedures to provide for waste disposal capacity during periods of inclement
				weather.
(DD) Prevention of damage
				to the system due to freeze/thaw and wet/dry cycles.
(EE) Storage of collected leachate on-site
				prior to disposal in a manner adequate to prevent leachate releases to the
				environment.
(viii)
				Prior to the placement of waste in an area, a report must be submitted to the
				commissioner by a registered professional engineer, certifying that the
				leachate collection system in that area has been constructed according to the
				approved plans. The report must indicate the boundaries of the area being
				certified and must include the results of testing conducted.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 26 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Liner System Design Standards and Height Increases › Section 26-3 - Height increases for existing nonmunicipal solid waste landfills; limits

Current through July 10, 2024
Authority: IC
				  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.
On and after the effective date of this article, the
				  increased height beyond that which has previously been approved for existing
				  nonmunicipal solid waste landfills must meet the following requirements:
(1) Be separated from any locally useful
				aquifer by material that:
(A) has an
				equivalent hydraulic conductivity through the barrier of less than or equal to
				1 × 10-6 centimeters per second; and
(B) provides a cation exchange capacity (CEC)
				of at least two thousand three hundred (2,300) milliequivalents per square foot
				for recompacted soil or two thousand eight hundred (2,800) milliequivalents for
				natural soil for every vertical foot of solid waste in the site.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 27 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operation Approval and Preoperational Requirements › Section 27-1 - Operation approval

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-30-2; IC 36-9-30
Sec. 1.
(a) A newly
				constructed restricted waste site Type I or Type II or nonmunicipal solid waste
				landfill that holds a valid permit under this article must not accept solid
				waste until it has complied with the applicable preoperational requirements of
				this rule.
(b) The owner or
				operator of the restricted waste site Type I or Type II or nonmunicipal solid
				waste landfill shall notify the commissioner in writing when all the
				preoperational requirements have been completed. Unless the commissioner denies
				operational approval within twenty-one (21) days of receipt of such notice, the
				facility may begin to accept solid waste in accordance with its permit and 329
				IAC 10-28.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 27 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operation Approval and Preoperational Requirements › Section 27-2 - Preoperational requirements

Current through July 10, 2024
Authority: IC 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, owners or operators of
				  restricted waste sites Type I and Type II and nonmunicipal solid waste
				  landfills shall be required to do the following:
(1) Establish a series of identifiable
				boundary markers that will delineate the approved facility boundaries and solid
				waste boundaries for the life of the facility.
(2) Complete initial site development and
				construction in accordance with the initial facility development plan required
				in 329 IAC 10-24 and complete other preoperational requirements imposed as
				conditions to the facility permit.
(3) Establish permanent, on-site benchmark or
				benchmarks with vertical, mean sea level elevation, and horizontal control so
				that no portion of the proposed fill area is further than one thousand (1,000)
				feet from a benchmark. However, distances greater than the specified one
				thousand (1,000) feet may be allowed where necessary to avoid the placement of
				benchmarks on filled areas.
(4)
				Install any required ground water monitoring devices in accordance with 329 IAC
				10-29.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-1 - Access control

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 1.
(a)
				Restricted waste sites Type I and Type II and nonmunicipal solid waste
				landfills must be accessible by means of established roadways only.
(b) Solid waste must be deposited at the
				solid waste land disposal facility only when operating personnel are on duty.
				Containers may be placed outside the facility entrance so that solid waste may
				be deposited after hours. Restricted waste sites Type I and Type II that
				dispose of waste on-site where the waste is generated or off-site at a location
				that is owned and operated by the generator for its exclusive use are exempt
				from this subsection.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-2 - On-site roads

Current through July 10, 2024
Authority: IC
				  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.
(a) On-site
				roads that provide access to disposal areas must be passable to vehicles
				utilizing these areas.
(b) The
				owner or operator of a restricted waste site Type I or Type II or nonmunicipal
				solid waste landfill shall construct and maintain on-site roads in such a way
				as to minimize the tracking of mud or soil material from the facility onto
				public highways or provide and maintain equipment to remove any such mud or
				soil material that is tracked onto the public highways.
(c) Access to monitoring wells for vehicles
				driven by department representatives must be provided. Such areas must be
				passable. Gravel or other materials must be provided as needed to provide
				trafficability. Vegetation must be controlled on the access way and around the
				wells.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-3 - Signs

Current through July 10, 2024
Authority: IC
				  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) For all
				restricted waste sites Type I and Type II and nonmunicipal solid waste
				landfills, except facilities disposing of waste generated on-site, a sign of at
				least sixteen (16) square feet must be erected at each facility entrance. The
				sign must identify the following:
(1) The
				facility name.
(2) The operating
				schedule.
(3) The type of
				facility.
(4) The solid waste
				facility permit number.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-4 - Sanitation

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  15-17-11; IC
				  36-9-30
Sec. 4.
(a) Cattle,
				hogs, poultry, or other livestock are prohibited from any filled area that has
				not received final cover and vegetation.
(b) Vectors, dust, and odors must be
				controlled by effective means so that they do not constitute or contribute to a
				nuisance or a health hazard.
(c)
				Windblown materials and litter must be collected and buried daily. Windblown
				materials must be controlled by effective means so that they do not constitute
				or contribute to a nuisance.
(d)
				Disposal of dead animals must be accomplished in accordance with IC
				15-17-11.
(e) Containers that have been placed outside
				the facility entrance for the disposal of solid waste after hours must be
				emptied at a frequency that will minimize odors and control vectors, but in no
				event, less than once in every twenty-four (24) hours. Areas around the
				containers must be maintained in a sanitary and litter-free
				condition.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-5 - Scavenging

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 5.
Scavenging is prohibited.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-6 - Salvaging

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 6.
(a)
				Salvaging on-site at a restricted waste site Type I or Type II or nonmunicipal
				solid waste landfill must be done only under the supervision of the owner or
				operator and must not interfere with the facility operations.
(b) Salvaged materials must be stored in
				buildings or transportable containers while awaiting removal from the facility.
				Alternative methods of storing salvaged materials must have prior approval from
				the commissioner. Approval may be granted at the request of the owner or
				operator if the owner or operator can demonstrate that the alternative method
				will provide a comparable level of environmental protection.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-7 - Safety requirements

Current through July 10, 2024
Authority: IC
				  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) Safety
				devices, including roll bars and fire extinguishers, must be provided on all
				rolling equipment.
(b) A first aid
				kit must be available on-site for nonmunicipal solid waste landfills.
(c) A telephone or radio communication system
				must be provided on-site for nonmunicipal solid waste landfills.
(d) A nonmunicipal solid waste landfill that
				operates within ten thousand (10,000) feet (three thousand forty-eight (3,048)
				meters) of any airport runway used by turbojet aircraft or within five thousand
				(5,000) feet (one thousand five hundred twenty-four (1,524) meters) of any
				airport runway used by only piston-type aircraft must not pose a bird hazard to
				aircraft.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-8 - Records and reports

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-30-2; IC 24-6; IC 36-9-30
Sec. 8.
(a)
				Restricted waste sites Type I and Type II and nonmunicipal solid waste
				landfills must maintain on-site an up-to-date copy of the plans and
				specifications approved by the commissioner in granting the permit.
(b) Restricted waste sites Type I and Type II
				and nonmunicipal solid waste landfills must maintain on-site a plot plan of the
				solid waste land disposal facility. The plot plan must be updated quarterly.
				The plot plan must describe the following:
(1)
				Areas of excavation.
(2) Areas of
				current filling.
(3) Areas under
				intermediate cover.
(4) Filled
				areas lacking final cover.
(5)
				Finished areas with final cover contoured and seeded.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-9 - Open burning

Current through July 10, 2024
Authority: IC
				  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.
Open burning of solid waste is prohibited at restricted
				  waste sites Type I and Type II and nonmunicipal solid waste landfills. Burning
				  of solid waste must take place only in an incinerator permitted under 329 IAC
				  11 and operating in compliance with all applicable air pollution control
				  requirements.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-10 - Diversion of surface water

Current through July 10, 2024
Authority: IC
				  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.
(a)
				Restricted waste sites Type I and Type II and nonmunicipal solid waste
				landfills must not deposit solid waste in standing or ponded water except for
				that water resulting from precipitation directly upon the working
				face.
(b) Nonmunicipal solid waste
				landfills must divert surface water from the active fill area and must minimize
				surface water contact with solid waste or interference with the daily
				operation.
(c) Nonmunicipal solid
				waste landfills must provide and maintain sedimentation control systems and
				erosion control systems wherever necessary to minimize erosion and
				sedimentation of surface waters. Any permanent surface water diversion
				structures must be able to accommodate the twenty-five (25) year precipitation
				event.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-11 - Cover; general provisions

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-30-2; IC 36-9-30
Sec. 11.
(a) Cover
				for restricted waste sites Type I and Type II and nonmunicipal solid waste
				landfills must be soil of Unified Soil Classification ML, CL, MH, CH, or OH, or
				other suitable material approved by the commissioner to provide an adequate
				level of environmental protection.
(b) Cover must be applied and maintained at
				restricted waste sites Type I and Type II and nonmunicipal solid waste
				landfills in accordance with the applicable requirements of this rule and
				329
				IAC 10-30-2 or
				329 IAC
				10-30-3. Other provisions for cover may be approved by
				the commissioner if it can be demonstrated that an alternate cover or site
				design will provide an adequate level of environmental protection.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-12 - Cover; restricted waste sites Type I and Type II and nonmunicipal solid waste landfills

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 12.
(a)
				Restricted waste site Type I and nonmunicipal solid waste landfills must
				complete the following:
(1) Limit the size of
				the working face to an area that can be covered daily.
(2) Apply and compact no less than six (6)
				inches of cover over all exposed solid waste:
(A) by the end of each operating day,
				regardless of weather conditions;
(B) in the case of a facility that is open
				continuously, at least once in every twenty-four (24) hour period; or
(C) as specified in the permit.
(3) Apply and compact intermediate
				cover of not less than one (1) foot over any point in the fill that has not
				received solid waste for ninety (90) days or more.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-13 - Dispersal control

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-30-2; IC 36-9-30
Sec. 13.
(a)
				Notwithstanding the cover requirements of this rule and
				329 IAC
				10-30-3 for restricted waste site Type II, if the
				facility operation is found to be in violation of fugitive dust regulations of
				the air pollution control board or if the commissioner documents evidence of
				visible waste deposits carried by wind or surface water beyond the site
				property boundary, restricted waste site Type II must complete the following:
(1) Apply daily cover.
(2) Submit a plan to control
				dispersal.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-14 - Grading and soil stabilization

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-30-2; IC 36-9-30
Sec. 14.
(a) Cover
				material applied as required in sections 11 through 13 of this rule and
				329
				IAC 10-30-2 or
				329 IAC
				10-30-3 must be continuously maintained, including
				application and compaction of additional cover as needed to maintain required
				depth.
(b) A grass or ground cover
				crop must be established and maintained continuously as soon as weather permits
				and seasonal conditions are suitable, on any portion of the restricted waste
				site Type I or Type II or nonmunicipal solid waste landfill that has received
				final cover, except where other provisions for land use have been approved by
				the commissioner.
(c) Restricted
				waste sites Type I and Type II and nonmunicipal solid waste landfills must be
				graded to promote surface water drainage and to prevent the ponding of water on
				previously filled areas.
(d)
				Vegetation must be cleared only as necessary.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-15 - Surface leachate control

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 15.
(a) Any
				leachate on the surface of restricted waste sites Type I and Type II and
				nonmunicipal solid waste landfills must be immediately managed or controlled to
				prevent off-site migration.
(b) Any
				surface movement of leachate past a point fifty (50) feet outside of the solid
				waste boundary is prohibited except as specified in the facility permit.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-16 - Leachate disposal

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 16.
Any discharge or disposal of collected leachate must be in
				  accordance with applicable local, state, and federal laws and rules.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-17 - Ground water monitoring wells

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-30-2; IC 36-9-30
Sec. 17.
Restricted waste sites Type I and Type II and nonmunicipal
				  solid waste landfills must have ground water monitoring devices in accordance
				  with 329 IAC 10-29.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-18 - Waste deposit and compaction

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 18.
(a)
				Nonmunicipal solid waste landfills must spread and compact solid waste at the
				working face in shallow layers not exceeding two (2) feet in
				thickness.
(b) Compaction must:
(1) occur on a sloped working face;
				and
(2) be accomplished with
				repeated passes of appropriate equipment.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-19 - Explosive gases

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 19.
(a)
				Nonmunicipal solid waste landfills must ensure that:
(1) the concentration of methane generated by
				the facility does not exceed twenty-five percent (25%) of the lower explosive
				limit for the gases in facility structures, excluding gas control or recovery
				system components; and
(2) the
				concentration of methane gas does not exceed the lower explosive limit for the
				gases at the facility property boundary.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-20 - Leachate collection

Current through July 10, 2024
Authority: IC 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.
Leachate collection systems must be operated in such a
				  manner as to comply with the design standards and plans specified in
				  329
				  IAC 10-26-2(1)(A)  and
				  329
				  IAC 10-26-1(b)  if
				  applicable.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-22 - Prohibition on accepting municipal waste by a nonmunicipal solid waste landfill

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-20-6; IC 13-30-2; IC 36-9-30
Sec. 22.
(a) Prior
				to accepting a shipment of municipal waste from a transfer station located
				inside or outside of Indiana, a nonmunicipal solid waste landfill must receive
				a copy of the manifest and must review the manifest to determine whether the
				items listed under
				329 IAC
				11-15-3 are included on the manifest.
(b) A nonmunicipal solid waste landfill must
				not knowingly accept a shipment of municipal waste from a transfer station
				located inside or outside of Indiana if:
(1)
				the municipal waste is not accompanied by a manifest that contains the
				information required under
				329 IAC
				11-15-3; or
(2) the nonmunicipal solid waste landfill has
				received notice from the department that the commissioner has issued an order
				under IC 13-20-6 -3
[IC
				13-20-6-3 was
				repealed by P.L. 154-2005, SECTION 17, effective July 1, 2005.]
or IC
				13-20-6-4
				that suspends the waste transfer activities within Indiana of the transfer
				station or operator that is listed on the manifest accompanying the shipment of
				municipal waste.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-23 - Violations

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 23.
(a) A
				nonmunicipal solid waste landfill that knowingly accepts a shipment of
				municipal waste in contravention to section 22(b) of this rule violates this
				rule.
(b) Acceptance of a shipment
				of municipal waste is not a violation of this rule if:
(1) the nonmunicipal solid waste landfill did
				not receive a notice under section 22(c) of this rule that the department has
				suspended the waste transfer activities of a transfer station or operator
				listed on the manifest; or
(2) the
				nonmunicipal solid waste landfill did not receive a notice under section 22(d)
				of this rule that the department has allowed the waste transfer activities of a
				transfer station or operator listed on the manifest to resume.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 28 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements › Section 28-24 - Definitions

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-11-2-133;
				  IC 13-11-2-148; IC 13-11-2-254; IC 13-19-3-3; IC 13-22; IC 13-30-2; IC
				  16-41-16-4; IC 36-1-2-23; IC 36-9-30
Sec. 24.
As used in sections 22 and 23 of this rule, the following
				  definitions apply:
(1) "Manifest"
				means the form used for identifying the quantity, origin, operators involved in
				a shipment, and the destination of municipal waste during its
				transportation.
(2) "Municipal
				waste", as defined in IC 13-11-2-133, means any garbage, refuse, industrial
				lunchroom or office waste, and other similar material resulting from the
				operation of residential, municipal, commercial, or institutional
				establishments, and community activities. The term does not include the
				following:
(A) Hazardous waste regulated
				under:
(i) IC 13-22-1 through IC 13-22-8 and
				IC 13-22-13 through IC 13-22-14; or
(ii) the federal Solid Waste Disposal Act,
				42 U.S.C.
				6901 et seq., as in effect on January 1,
				1990.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 29 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Ground Water Monitoring and Corrective Action › Section 29-1 - Monitoring devices

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-30-2; IC 36-9-30
Sec. 1.
(a) All new
				restricted waste sites Type I and Type II and nonmunicipal solid waste
				landfills must have ground water monitoring devices. All existing nonmunicipal
				solid waste landfills in operation on the effective date of 329 IAC 2, which
				was repealed in 1996, that do not have ground water monitoring devices must
				install such devices on or before September 1, 1989.
(b) The number and location of monitoring
				devices are as follows:
(1) The following for
				new facilities:
(A) The ground water
				monitoring system must consist of a sufficient number of monitoring devices,
				installed at appropriate locations and depths, to yield ground water samples
				from the aquifer or aquifers that represent the quality of both background
				water that has not been affected by leachate from a facility and the quality of
				ground water passing the monitoring boundary of the facility. If the aquifer to
				be monitored exceeds the depth specified in
				329
				IAC 10-24-3(1)(C), the commissioner
				may allow alternative placement of monitoring devices.
(B) The number, spacing, and depths of
				monitoring devices must be proposed by the applicant in the site-specific
				geological study required under 329 IAC 10-24.
(C) A minimum of four (4) ground water
				monitoring devices, one (1) upgradient and three (3) downgradient, must be
				installed.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 29 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Ground Water Monitoring and Corrective Action › Section 29-3 - Duration of monitoring program

Current through July 10, 2024
Authority: IC 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.
Once established at a restricted waste site Type I or Type
				  II or nonmunicipal solid waste landfill, ground water monitoring must be
				  conducted throughout the active life and the post-closure care period of the
				  facility as provided under 329 IAC 10-31.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 29 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Ground Water Monitoring and Corrective Action › Section 29-4 - Preoperational conditions relating to ground water monitoring

Current through July 10, 2024
Authority: IC 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) Unless
				the commissioner denies operational approval under
				329 IAC
				10-27-1, any newly constructed restricted waste site
				Type I or Type II or nonmunicipal solid waste landfill holding a valid permit
				under this article may begin accepting solid waste twenty-one (21) days after
				it has notified the commissioner in writing that the following have been
				accomplished:
(1) Installation of any required
				water quality monitoring devices.
(2) Submission to the commissioner of a plot
				plan indicating location, mean sea level elevation, and numbering system of all
				water quality monitoring devices.
(3) Submission to the commissioner of a copy
				of well logs, including construction details.
(4) Submission to the commissioner of results
				of the first round of water level measurements and water sampling analyses to
				determine background water quality in accordance with the monitoring parameters
				in section 6(b) or 6(c) of this rule, the secondary standards in section 7(c)
				of this rule, and the constituents in section 10 of this rule. A minimum of
				four (4) samples taken from each upgradient monitoring device, one (1) every
				three (3) months for a one (1) year period, must be used to determine initial
				background water quality.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 29 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Ground Water Monitoring and Corrective Action › Section 29-5 - Determining increases over background

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 5.
The owner or operator of a restricted waste site Type I or
				  Type II or nonmunicipal solid waste landfill shall determine whether there is a
				  statistically significant increase over background values for each constituent
				  required in the particular ground water monitoring program that applies to the
				  facility. The owner or operator shall make these statistical determinations
				  each time the owner or operator monitors ground water quality at the monitoring
				  boundary as follows:
(1) In
				determining whether a statistically significant increase has occurred, the
				owner or operator of a restricted waste site Type I or Type II or nonmunicipal
				solid waste landfill shall compare the ground water quality at each monitoring
				device at the monitoring boundary for each constituent to the background value
				for that constituent according to the statistical procedures specified under
				subdivision (3).
(2) The owner or
				operator shall determine whether there has been a statistically significant
				increase at each monitoring device at the monitoring boundary within sixty (60)
				days after completion of sampling.
(3) The most scientifically valid of the
				following statistical procedures that will provide a ninety-five percent (95%)
				level of confidence must be utilized when determining if a change in the
				concentration of a constituent has occurred or if ground water quality
				standards have been exceeded:
(A) Mann-Whitney
				U-test.
(B) Student's
				T-test.
(C) Temporal or spatial
				trend analysis.
(D) Any other valid
				statistical analysis that is appropriate for the distribution of the data being
				considered and that provides a reasonable balance between the probability of
				falsely identifying a significant difference and the probability of failing to
				identify a significant difference.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 29 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Ground Water Monitoring and Corrective Action › Section 29-6 - Phase I monitoring program

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 6.
(a) Phase I
				monitoring is required at all restricted waste sites Type I and Type II and
				nonmunicipal solid waste landfills except as otherwise provided in sections 7
				and 9 of this rule.
(b) A Phase I
				monitoring program for nonmunicipal solid waste landfills must include the
				following monitoring parameters:
(1) Field
				pH.
(2) Specific
				conductance.
(3)
				Chloride.
(4) Boron.
(5) Ammonia.
(6) Sodium.
(7) Chemical oxygen demand.
(8) Total phenolics.
(9) Methylene chloride.
(10) 1,1-dichloroethane.
(11) Toluene.
(12) Benzene.
(13) 1,2-dichloroethene, total.
(14) Ethyl benzene.
(15) 2-butanone, methyl ethyl
				ketone.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 29 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Ground Water Monitoring and Corrective Action › Section 29-7 - Phase II monitoring program

Current through July 10, 2024
Authority: IC 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) Phase II
				monitoring is required whenever statistically significant increases over
				background have been detected between background and downgradient monitoring
				devices for two (2) or more of the Phase I parameters under section 6 of this
				rule, and must continue until sampling results over a one (1) year period do
				not show a statistically significant increase in the constituents to be
				monitored under subsection (b) or (d).
(b) A Phase II monitoring program for
				nonmunicipal solid waste landfills must include the constituents that comprise
				the ground water protection standard set out in section 10(a) of this
				rule.
(c) The Phase II monitoring
				program for nonmunicipal solid waste landfills must also include monitoring of
				the following secondary standards:
(1)
				Chloride.
(2) Copper.
(3) Iron.
(4) Manganese.
(5) Sulfate.
(6) Total dissolved solids.
(7) Zinc.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 29 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Ground Water Monitoring and Corrective Action › Section 29-8 - Increase not attributable to landfill

Current through July 10, 2024
Authority: IC
				  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 owner or operator of a restricted waste site Type I
				  or Type II or nonmunicipal solid waste landfill determines, under section 6(d),
				  7(e), or 7(f) of this rule, that there is a statistically significant increase
				  of the specified constituents at any monitoring device at the solid waste
				  boundary, the owner or operator may demonstrate that a source other than the
				  solid waste facility caused the increase or that the increase resulted from
				  error in sampling, analysis, or evaluation. The owner or operator may make a
				  demonstration under this section in lieu of submitting the information under
				  section 6(d)(2), 7(e)(2), or 7(f) of this rule, only if the demonstration made
				  under this section successfully shows that a source other than the solid waste
				  facility caused the increase or that the increase resulted from error in
				  sampling, analysis, or evaluation. In making a demonstration under this
				  section, the owner or operator shall do the following:
(1) Notify the commissioner in writing,
				within seven (7) days of determining a statistically significant increase at
				the monitoring boundary, that the owner or operator intends to make a
				demonstration under this section.
(2) Within ninety (90) days, submit a report
				to the commissioner demonstrating that a source other than the solid waste
				facility caused the increase or that the increase resulted from error in
				sampling, analysis, or evaluation.
(3) Continue to monitor in accordance with
				the Phase I monitoring program established under section 6 of this rule or the
				Phase II monitoring program established under section 7 of this rule as
				appropriate.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 29 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Ground Water Monitoring and Corrective Action › Section 29-9 - Corrective action program

Current through July 10, 2024
Authority: IC
				  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.
(a) A
				corrective action program is required whenever the ground water protection
				standard under section 10 of this rule is exceeded, and may be required at the
				discretion of the commissioner if any of the secondary standards under section
				7(c) of this rule exceed the levels specified in section 7(f) of this
				rule.
(b) A corrective action
				monitoring program must comply with the Phase II monitoring requirements under
				section 7 of this rule. Additional monitoring must be implemented as determined
				by the commissioner to be necessary to the following:
(1) Determine the areal extent of any plume
				of contamination for each constituent under section 10 of this rule that has
				been measured at concentrations that exceed background levels.
(2) Demonstrate the effectiveness of the
				corrective action program.
This additional monitoring may include a requirement that the
				  owner or operator of a restricted waste site Type I or Type II or nonmunicipal
				  solid waste landfill sample public or private water supply wells identified by
				  the commissioner to determine the extent of ground water contamination unless
				  permission cannot be obtained from the well owner.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 29 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Ground Water Monitoring and Corrective Action › Section 29-10 - Ground water quality standard

Current through July 10, 2024
Authority: IC 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.
(a) The
				constituents that comprise the ground water protection standard for the
				purposes of this rule are as follows:
(1) The
				following inorganics:
(A) Arsenic.
(B) Barium.
(C) Cadmium.
(D) Chromium.
(E) Fluoride.
(F) Lead.
(G) Mercury.
(H) Nitrate (as nitrogen).
(I) Selenium.
(J) Silver.