reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 3 - Exclusions › Section 3-1 - Exclusions; general

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-11-2-245; IC 13-11-2-266; IC 13-18-10; IC
				  13-19-3-3; IC 13-30-2; IC 36-9-30
Sec. 1.
The following solid waste management activities are not
				  subject to the provisions of this article:
(1) Processing and disposing of only
				uncontaminated:
(A) rocks;
(B) bricks;
(C) concrete;
(D) road demolition waste materials;
				or
(E) dirt.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 3 - Exclusions › Section 3-2 - Exclusion; hazardous waste

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-19-3; IC 13-30-2; IC 36-9-30
Sec. 2.
(a)
				Hazardous wastes are:
(1) regulated by and
				must be treated, stored, and disposed of in accordance with 329 IAC 3.1;
				and
(2) not subject to the
				provisions of this article.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 4 - Previously Permitted Facilities Closed Prior to Effective Date of this Article; Responsibilities › Section 4-1 - Applicability

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2; IC
				  13-19-3-1;
				  IC
				  13-19-4-10
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 1.
This rule applies to solid waste processing facilities
				  permitted under 329 IAC 1.5, which was repealed in 1989, that have closed
				  before April 13, 1996.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 4 - Previously Permitted Facilities Closed Prior to Effective Date of this Article; Responsibilities › Section 4-2 - Maintenance, monitoring, or correcting nuisance; permittee responsibility

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) Closed
				facilities must continue to be monitored and maintained by the facility
				permittee in accordance with the permit granted to the facility at the time the
				facility was closed.
(b) The owner
				or operator of a closed facility or the owner of real estate upon which a
				closed facility is located shall be responsible for correcting and controlling
				any nuisance conditions occurring at the facility.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 4 - Previously Permitted Facilities Closed Prior to Effective Date of this Article; Responsibilities › Section 4-3 - Elimination of threats to human health or the environment

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.
The owner or operator of a closed facility or the owner of
				  real estate upon which a closed facility is located shall be responsible for
				  eliminating any threat to human health or the environment.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 4 - Previously Permitted Facilities Closed Prior to Effective Date of this Article; Responsibilities › Section 4-4 - Remedial action

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1;
				  IC
				  13-25-4-7
Affected: IC
				  13-25-4; IC
				  13-30-2; IC
				  36-9-30
Sec. 4.
The commissioner may proceed under IC
				  13-25-4 and rules adopted under IC
				  13-25-4-7, which
				  require the owner or operator of a closed facility or the owner of real estate
				  upon which a closed facility is located, or any other responsible party under
				  IC 13-25-4, to perform remedial
				  action, including the installation and monitoring of ground water monitoring
				  wells or other devices, if the commissioner determines that the closed facility
				  is a threat to human health or the environment, due to a release of a hazardous
				  substance from the facility into the environment.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 5 - Application of this Article to Existing Permittees and Facilities; Transition Provisions › Section 5-1 - Applicability

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) Unless
				otherwise addressed in this rule, all new and existing solid waste processing
				facilities must comply with applicable requirements of this article.
(b) This rule applies to the following solid
				waste processing facilities:
(1) Facilities
				that have construction or operating permits in effect on April 13,
				1996.
(2) Facilities required to be
				permitted under the 2007 amendments to this article.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 5 - Application of this Article to Existing Permittees and Facilities; Transition Provisions › Section 5-2 - Existing construction permits

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.
Construction permits in effect on April 13, 1996, must serve
				  as solid waste permits under 329 IAC 11-9 through 329 IAC 11-11. To begin
				  operation, facilities for which only construction permits, but not operating
				  permits, have been issued before April 13, 1996, must submit an application for
				  a solid waste facility permit renewal at least ninety (90) days before
				  expiration of the construction permit. Operation of the facility must not begin
				  until a solid waste facility permit has been issued under this article.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 5 - Application of this Article to Existing Permittees and Facilities; Transition Provisions › Section 5-3 - Existing operating permits

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.
Operating permits in effect on April 13, 1996, must serve as
				  solid waste permits under 329 IAC 11-9 through 329 IAC 11-11 until such time as
				  a permit renewal is either issued or denied by the commissioner under 329 IAC
				  11-9 through 329 IAC 11-11, provided there is compliance with section 5(a) of
				  this rule.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 5 - Application of this Article to Existing Permittees and Facilities; Transition Provisions › Section 5-4 - Operating requirements for facilities with operating permits in effect on April 13, 1996

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) Plans
				and permit conditions approved before April 13, 1996, must continue in effect
				until permit renewal unless the permit is reopened for cause under 329 IAC 11-9
				through 329 IAC 11-11.
(b) Except
				as provided in subsection (a), the operational standards of 329 IAC 11-13
				through 329 IAC 11-15 for solid waste processing facilities must apply to solid
				waste processing facilities with operating permits in effect on April 13, 1996.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 5 - Application of this Article to Existing Permittees and Facilities; Transition Provisions › Section 5-5 - Renewal of permit by existing permittee

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.
(a) To
				continue operation, facilities affected by this rule must submit an application
				for renewal under 329 IAC 11-9, 329 IAC 11-10, and 329 IAC 11-11 at least one
				hundred twenty (120) days prior to the expiration of their operating
				permit.
(b) The renewal permit
				issued to a facility affected by this rule must identify the site
				classification as established in 329 IAC 11-8 to reflect the restrictions on
				waste accepted at the facility under the existing permit.
(c) The operational standards of 329 IAC
				11-13, 329 IAC 11-14, and 329 IAC 11-15 for solid waste processing facilities
				must apply to solid waste processing facilities with renewal permits issued
				under this article.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 5 - Application of this Article to Existing Permittees and Facilities; Transition Provisions › Section 5-6 - Pending permit applications

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 permit application that is received:
(1) before the effective date of the 2007
				amendments to this article will not be required to be revised to meet the
				requirements of this article; however, the application must comply with this
				article, as effective on August 13, 2004; and
(2) on or after the effective date of the
				2007 amendments to this article will be required to comply with all applicable
				requirements of this article.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 5 - Application of this Article to Existing Permittees and Facilities; Transition Provisions › Section 5-7 - Existing facilities requiring a permit

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) A solid
				waste processing facility described in section 1(b)(2) of this rule that is
				operating on the effective date of the 2007 amendments to this article must do
				the following:
(1) Notify the department
				within thirty (30) days after the effective date of the 2007 amendments to this
				article of one (1) of the following:
(A) A
				permit application will be submitted.
(B) The facility will cease operation within
				sixty (60) days.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 8 - Solid Waste Processing Facility Classifications and Waste Criteria › Section 8-1 - Types of facilities

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.
The following classifications must be used for the purpose
				  of defining site requirements and permissible wastes to be received for all
				  solid waste processing facilities:
(1)
				Solid waste processing facility.
(2) Incinerator.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 8 - Solid Waste Processing Facility Classifications and Waste Criteria › Section 8-2 - Processing facilities waste criteria

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2; IC
				  13-19-3
Affected: IC
				  13-11-2; IC
				  13-19-3; IC
				  36-9-30
Sec. 2.
Solid waste processing facilities may accept all solid waste
				  regulated under this article except the following:
(1) Hazardous waste that is regulated by 329
				IAC 3.1.
(2) Solid waste that is
				prohibited by the facility permit.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 8 - Solid Waste Processing Facility Classifications and Waste Criteria › Section 8-3 - Incinerators waste criteria

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2; IC
				  13-19-3
Affected: IC
				  13-11-2; IC
				  13-19-3; IC
				  36-9-30
Sec. 3.
Incinerators may accept all solid waste regulated under this
				  article except the following:
(1)
				Hazardous waste that is regulated by 329 IAC 3.1.
(2) Solid waste that is prohibited by the
				facility permit.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 9 - Application Procedure for All Solid Waste Processing Facilities › Section 9-1 - Permit requirements

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1; IC
				  13-19-4-10
Affected: IC 13-15-7; IC 13-30-2; IC 13-30-10; IC
				  36-9-30-35
Sec. 1.
(a) Unless
				excluded in 329 IAC 11-3, any person who constructs or operates a solid waste
				processing facility as defined under
				329
				IAC 11-2-43 shall have a solid waste processing
				facility permit under this article.
(b) In the event that, after the permit
				application is submitted but prior to the issuance of the permit, there is any
				change that renders the information in the application incorrect, the applicant
				shall:
(1) notify the commissioner of the
				change within fifteen (15) days; and
(2) submit corrected information within a
				reasonable period of time.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 9 - Application Procedure for All Solid Waste Processing Facilities › Section 9-3 - Signatories to permit application and reports

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1;
				  IC
				  13-19-4-10
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 3.
(a) All
				permit applications must be signed as follows:
(1) For a corporation, by a responsible
				corporate officer.
(2) For a
				partnership or sole proprietorship, by a general partner or the proprietor,
				respectively.
(3) For a
				municipality or state, by the executive of the unit.
(4) For a federal or other public agency, by
				either a principal executive officer or ranking elected official or a senior
				executive officer having responsibility for the overall operations of a
				principal geographic unit of the agency that covers the facility to be
				permitted.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 9 - Application Procedure for All Solid Waste Processing Facilities › Section 9-4 - Renewal permit application and minor modification application

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1; IC
				  13-19-4-10
Affected: IC 4-21.5-3-4; IC 4-21.5-3-5; IC 13-15-3-1; IC
				  13-20-21; IC 13-30-2; IC 36-9-30
Sec. 4.
(a) Renewal
				applications must be submitted at least one hundred twenty (120) days prior to
				the expiration date of the permit.
(b) A complete application for a solid waste
				processing facility permit renewal must consist of the following information,
				submitted on forms provided by the commissioner:
(1) The name and address of the
				applicant.
(2) The name and address
				of the property owner or owners.
(3) The name, address, and location of the
				facility.
(4) The operation permit
				number of the facility.
(5) The
				legal description of the facility location as defined in
				329 IAC
				11-2-20.
(6) Facility information, including the
				following:
(A) A description of the type of
				operation.
(B) The volume of waste
				received at the facility in cubic yards per day or tons per day.
(C) The type of waste received at the
				site.
(D) A copy of the most
				current facility operating plan.
(7) Signatures and certification statements
				in compliance with section 3 of this rule.
(8) In order to assist the commissioner in
				identifying persons entitled to notice:
(A) in
				accordance with IC
				4-21.5-3-4
				and IC
				4-21.5-3-5,
				the name and address of all owners or last taxpayers of record of property
				located adjacent to the facility boundary of the solid waste processing
				facility; and
(B) in accordance
				with IC
				13-15-3-1
				(a), the:
(i) county executive of a
				county;
(ii) the executive of a
				city; and
(iii) the executive of a
				town council of a town; that is affected by the permit
				application.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 9 - Application Procedure for All Solid Waste Processing Facilities › Section 9-4.1 - Fees

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-16; IC
				  13-19-3
Affected: IC 13-20-1; IC 13-21-5; IC 36-9-30
Sec. 4.1.
(a) For
				solid waste processing facilities, fees are as follows:
New Permit or Major Modification
Fee
Processing Facility
Transfer Station
$12,150
Other
$12150
Permit Renewal
Processing Facility
Transfer Station
$3,795
Other
$3,795
(b)
				For processing facilities, annual fees are as follows:
Annual Operation Fees
Fee
Processing Facility
Transfer Station
$3,500
Other
$3,500
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 9 - Application Procedure for All Solid Waste Processing Facilities › Section 9-5 - Demonstration and determination of need

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-20-1; IC 13-21-5; IC 13-30-2; IC 25-31; IC
				  36-9-30
Sec. 5.
(a) This
				section applies to the following:
(1) All
				permits for new solid waste processing facilities, excluding transfer
				stations.
(2) Major modifications
				of solid waste processing facility permits, excluding transfer stations, issued
				after March 20, 1990.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 9 - Application Procedure for All Solid Waste Processing Facilities › Section 9-6 - Insignificant facility modifications

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-19-3; IC 13-30; IC 36-9-30
Sec. 6.
(a) The
				permittee of a solid waste processing facility may make or propose an
				insignificant facility modification in accordance with this section.
(b) If a permittee of a solid waste
				processing facility makes an insignificant facility modification described in
				329
				IAC 11-2-19.5(a), the permittee shall
				provide notice to the commissioner no later than seven (7) calendar days after
				the modification has been made. The notice must include a detailed description
				of the modification and the date the modification was completed or is expected
				to be completed.
(c) If the
				permittee of a solid waste processing facility proposes to make an
				insignificant facility modification described in
				329
				IAC 11-2-19.5(b), the permittee shall
				submit documentation of the proposed insignificant facility modification to the
				commissioner. The documentation must include a detailed description of the
				proposed modification.
(d) If the
				commissioner determines that the modification proposed under subsection (c) is
				a major or minor modification, the commissioner will notify the permittee in
				writing within thirty (30) days after receipt of the proposed modification that
				the permittee must submit an application for a minor or major modification to
				the current permit if the permittee plans to proceed with the proposed
				modification.
(e) If the permittee
				of the solid waste processing facility does not receive notification from the
				commissioner within thirty (30) days after submission of the proposed
				modification under subsection (c) to the commissioner, the permittee may
				initiate the insignificant facility modification in accordance with
				documentation provided to the commissioner.
(f) A permit modification is not required to
				modify the facility as necessary to:
(1)
				correct operational violations of this article; or
(2) protect human health or the
				environment.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 10 - Action on Permit and Renewal Permit Applications › Section 10-1 - Action on permit and renewal permit applications

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-15-4; IC
				  13-30-2; IC
				  36-9-30
Sec. 1.
(a) Time
				periods for determination on permit applications are under IC
				13-15-4.
(b) Procedures for application reviews are
				under IC 13-15-4.
(c) Remedies are under IC
				13-15-4.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 11 - Permit Issuance and Miscellaneous Provisions › Section 11-1 - Issuance procedures; original permits

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1;
				  IC
				  13-19-4-10
Affected: IC
				  13-14-8; IC 13-15; IC
				  13-20-8; IC
				  13-30-2; IC
				  36-9-30
Sec. 1.
(a) After
				the commissioner determines that the application is complete, the commissioner
				shall comply with the procedural requirements of:
(1) IC
				13-15-3;
(2) IC
				13-15-5-1;
(3) IC
				13-15-5-3;
				and
(4) IC
				13-15-6-1
				through IC
				13-15-6-5; that
				are relevant to an application for an original permit for solid waste
				incinerator under IC
				13-20-8.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 11 - Permit Issuance and Miscellaneous Provisions › Section 11-2 - Issuance procedures; renewal permits

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1; IC
				  13-19-4-10
Affected: IC 13-20-8; IC 13-30-2; IC 36-9-30
Sec. 2.
(a) After
				the commissioner concludes that the renewal application is complete, the
				following is required:
(1) The commissioner
				shall comply with the procedural requirements of IC 13 relevant to an
				application for a renewal permit for a solid waste incinerator regulated under
				IC 13-20-8.
(2) The commissioner
				shall review the application to determine whether the facility or operation is
				in compliance with the plans and specifications as approved in its existing
				permit. The commissioner may request clarification or supplementation of
				information submitted in support of the renewal application. The commissioner
				shall evaluate the facility's compliance record under:
(A) the operational requirements of 329 IAC
				11-7, 329 IAC 11-13, 329 IAC 11-14, 329 IAC 11-15, 329 IAC 11-19, and 329 IAC
				11-20 as appropriate; and
(B) any
				prior or existing permit conditions.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 11 - Permit Issuance and Miscellaneous Provisions › Section 11-3 - Duration of permits

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1;
				  IC
				  13-19-4-10
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 3.
A permit, including a renewal permit, must be issued for a
				  fixed term not to exceed five (5) years. A permit may be modified or revoked
				  prior to the expiration of the term for cause, as provided in section 6 of this
				  rule, or in accordance with conditions set forth in the permit.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 11 - Permit Issuance and Miscellaneous Provisions › Section 11-4 - Effect of permit issuance

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1;
				  IC
				  13-19-4-10
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 4.
(a) The
				issuance of a permit does not:
(1) convey any
				property right of any sort or any exclusive privileges;
(2) authorize any injury to persons or
				private property or invasion of other private rights or any infringement of
				federal, state, or local laws or regulations; or
(3) preempt any duty to comply with other
				state or local requirements.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 11 - Permit Issuance and Miscellaneous Provisions › Section 11-5 - Transferability of permits; change of ownership interest

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1; IC
				  13-19-4-10
Affected: IC 13-15-1-3; IC 13-15-7; IC 13-19-4; IC 13-30-2;
				  IC 13-30-6; IC 36-9-30-35
Sec. 5.
(a) A permit
				may be transferred to another person by the permittee, without the need for a:
(1) new permit; or
(2) modification or revocation of the
				existing permit;
being required, if the permittee notifies the commissioner of
				  the proposed transfer at least sixty (60) days before the proposed date of
				  transfer on forms provided by the commissioner.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 11 - Permit Issuance and Miscellaneous Provisions › Section 11-6 - Permit revocation and modification

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1;
				  IC
				  13-19-4-10
Affected: IC
				  4-21.5-3-7;
				  IC 13-15-7; IC 13-30-2; IC 36-9-30
Sec. 6.
(a) The
				commissioner may:
(1) revoke or modify a
				permit issued under this article if cause exists under IC
				13-15-7-1
				or if the solid waste processing facility is used for purposes other than those
				specified in the permit; and
(2)
				request an updated application if necessary.
When a permit is modified, only the conditions subject to
				  modifications are reopened and subject to review under IC 13-15-7 and
IC
				  4-21.5-3-7.
				  If a permit is revoked, the entire permit is reopened and subject to revision,
				  and if the permit is reissued, it may be for a new term.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 12 - Solid Waste Processing Facilities; Operation Approval and Preoperational Requirements › Section 12-1 - 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 solid waste processing facility or incinerator 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 operator of the facility shall notify
				the commissioner in writing when all the applicable preoperational requirements
				have been completed. Unless the commissioner denies operational approval within
				fourteen (14) days of receipt of such notice, the facility may begin to accept
				solid waste in accordance with its permit and the applicable operational
				requirements of 329 IAC 11-7, 329 IAC 11-13, 329 IAC 11-14, 329 IAC 11-15, 329
				IAC 11-19, and 329 IAC 11-20.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 12 - Solid Waste Processing Facilities; Operation Approval and Preoperational Requirements › Section 12-2 - 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, a solid waste processing facility
				  must complete the initial facility development outlined in the permitted plans
				  and specifications. Initial facility development includes the following:
(1) Construction of buildings or structures
				and on-site roads.
(2) Installation
				of equipment for storage, processing, and handling of solid waste.
(3) Installation of the following:
(A) Access control.
(B) Sanitary facilities.
(C) Signs.
(D) Communication devices.
(E) Utilities.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 13.5 - Solid Waste Processing Facilities; Operational Requirements › Section 13.5-1 - Applicability

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 36-9-30
Sec. 1.
(a) Sections
				2 through 9 of this rule apply to all solid waste processing
				facilities.
(b) In addition to
				subsection (a), transfer stations located in Indiana or that transfer solid
				waste from Indiana must comply with sections 10 through 16 of this rule.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 13.5 - Solid Waste Processing Facilities; Operational Requirements › Section 13.5-2 - 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. 2.
Access to all solid waste processing facilities must
				  be:
(1) allowed only when operating
				personnel are on duty; and
(2)
				controlled by the use of:
(A)
				gates;
(B) fences; or
(C) other appropriate means.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 13.5 - Solid Waste Processing Facilities; Operational Requirements › Section 13.5-3 - 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. 3.
An all-weather road that is passable by all vehicles
				  utilizing the solid waste processing facility must be provided.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 13.5 - Solid Waste Processing Facilities; Operational Requirements › Section 13.5-4 - 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. 4.
(a) All solid
				waste processing facilities must have a sign at least sixteen (16) square feet
				in area identifying the following:
(1) The
				name of the facility.
(2) The type
				of operation.
(3) The facility's
				IDEM permit number.
(4) The phone
				number for the person to be contacted in the event of an emergency.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 13.5 - Solid Waste Processing Facilities; Operational Requirements › Section 13.5-5 - Processing facilities waste criteria

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2; IC
				  13-19-3
Affected: IC
				  13-11-2; IC
				  13-19-3; IC
				  36-9-30
Sec. 5.
Solid waste processing facilities may accept all solid waste
				  regulated under this article except the following:
(1) Hazardous waste that is regulated by 329
				IAC 3.1.
(2) Solid waste that is
				prohibited by the facility permit.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 13.5 - Solid Waste Processing Facilities; Operational Requirements › Section 13.5-6 - Operational requirements

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-19-3; IC
				  13-20-6; IC
				  13-30-2; IC
				  36-9-30
Sec. 6.
(a) A solid
				waste processing facility must have the following:
(1) An enclosed building, with solid walls
				and a door or doors except as specified in subsection (h). The door must be
				closed when the facility is not in operation.
(2) A hard surface, such as concrete or
				asphalt, equipped with floor drains or liquid removal system or other
				equivalent method to manage liquids accumulating on the floor.
(3) One (1) of the following:
(A) Waste storage areas equipped with spill
				prevention mechanisms, such as curbs, aprons, or spill prevention
				kits.
(B) Waste is stored in
				leak-proof containers.
(4) Liquid waste storage equipped with
				secondary containment structure.
(5) A storm water pollution prevention plan
				implemented as required by the rules of the water pollution control board at
				327 IAC 15.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 13.5 - Solid Waste Processing Facilities; Operational Requirements › Section 13.5-7 - 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) Vectors,
				dust, odors, spills, and noise must be controlled at all times such that there
				is no nuisance or health hazard at the facility.
(b) Equipment must be provided to abate or
				control fires. Open burning of solid waste is prohibited.
(c) Telephone or radio communication must be
				provided on-site.
(d) A first aid
				kit must be available on-site.
(e)
				Scavenging is prohibited.
(f) The
				facility must have a written emergency response plan.
(g) A spill prevention kit must be available
				on site.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 13.5 - Solid Waste Processing Facilities; Operational Requirements › Section 13.5-8 - Use of contingency action plan

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 facility is unable to operate or process solid waste
				  in accordance with its approved operating plan for more than a continuous
				  twenty-four (24) hour period, the contingency action plan required in
				  329
				  IAC 11-9-2(j)(6)  must be
				  implemented.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 13.5 - Solid Waste Processing Facilities; Operational Requirements › Section 13.5-9 - Records and reports

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2; IC 13-19-3
Affected: IC 13-19-3; IC 36-9-30
Sec. 9.
(a) The
				following must be furnished upon request and made available during normal
				operating hours for inspection by any officer, employee, or representative of
				the commissioner:
(1) All solid waste
				processing facility records and reports required by this rule, 329 IAC 11-14,
				and 329 IAC 11-15.
(2) All test
				results from testing of residues generated by the facility.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 13.5 - Solid Waste Processing Facilities; Operational Requirements › Section 13.5-10 - Training-transfer stations

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-19-3
Sec. 10.
The transfer station employee responsible for conducting the
				  random inspections or constant overview required in section 13 of this rule
				  shall be trained so as to be able to recognize the visual indications of solid
				  waste as listed in section 13(b) of this rule.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 13.5 - Solid Waste Processing Facilities; Operational Requirements › Section 13.5-11 - Inspections of transfer stations

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 13-20-21
Sec. 11.
(a) The
				commissioner or any designated agent of the department, including a third party
				contractor, upon presentation of proper credentials shall have authority to:
(1) enter onto transfer station property
				during the normal business hours of the transfer station; and
(2) inspect the facility for purposes of
				assessing compliance with:
(A) this
				rule;
(B)329 IAC 11-7;
				and
(C)329 IAC 11-14 through 329
				IAC 11-15.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 13.5 - Solid Waste Processing Facilities; Operational Requirements › Section 13.5-12 - Permits required for transfer stations

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-15; IC 13-20-6
Sec. 12.
All transfer stations, other than those excluded under
				  329 IAC
				  11-2-47, that haul or ship MSW to an Indiana solid
				  waste facility must hold:
(1) a valid
				permit under this article if located in Indiana; or
(2) hold a valid permit or applicable
				authorization issued by the appropriate governmental agency or agencies, if
				any, in other states, territories, or nations.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 13.5 - Solid Waste Processing Facilities; Operational Requirements › Section 13.5-13 - Monitoring and managing incoming waste for transfer stations

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2; IC 13-19-3
Affected: IC 13-11-2; IC 13-20-9; IC 13-20-16; IC
				  36-9-30
Sec. 13.
(a) Except
				as provided in subsection (b), a transfer station may accept all solid waste
				regulated by this article including the following:
(1) MSW.
(2) Construction/demolition waste.
(3) Hazardous waste generated in compliance
				with 329 IAC 3.1-7 by a very small
				quantity generator.
(4) Industrial
				process waste.
(5) Pollution
				control waste in nonleaking containers.
(6) Any solid waste authorized by the
				facility permit.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 13.5 - Solid Waste Processing Facilities; Operational Requirements › Section 13.5-14 - General operating requirements for transfer stations

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-19-3; IC
				  13-20-6
Sec. 14.
(a) All
				transfer stations must be operated in a manner that minimizes the inclusion of
				liquids and does not allow vectors into the permitted waste stored, processed,
				and shipped from the transfer station. Such management practices include, but
				are not limited to, the following:
(1) All
				facility floors and the loading bay tunnel must be maintained so as to prevent
				standing water within the facility structure. All drainage and liquids
				originating from:
(A) storage, handling, and
				processing MSW;
(B) cleaning
				floors; or
(C) washout water from a
				MSW vehicle; must be properly directed to a sanitary sewer, a holding tank
				constructed and operated in accordance with any applicable local approvals, or
				the equivalent of a sanitary sewer or holding tank.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 13.5 - Solid Waste Processing Facilities; Operational Requirements › Section 13.5-15 - Infectious waste at transfer stations

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-19-3; IC 16-41-16
Sec. 15.
The following conditions apply to all Indiana transfer
				  stations that hold a valid permit under this article and are authorized to
				  accept segregated infectious waste:
(1) Infectious waste must be stored in a
				manner that:
(A) preserves the integrity of
				containers; and
(B) is not
				conducive to rapid microbial growth and putrefaction.
The maximum duration for storage or containment of infectious
				  waste must be limited to seven (7) days unless the department grants prior
				  written approval for a longer period based on specific circumstances.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 13.5 - Solid Waste Processing Facilities; Operational Requirements › Section 13.5-16 - Incidental transfer of small amounts of whole waste tires at transfer stations

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2; IC 13-19-3; IC
				  13-20-14-9.5
Affected: IC 13-20-14-9.5
Sec. 16.
(a) IC
				13-20-14-9.5 requires the removal of whole waste tires from MSW, as defined at
				329
				IAC 10-2-115, that is transferred at a transfer
				station, except as provided for in this section. The incidental transfer of
				small amounts of whole waste tires at a transfer station is allowed if the
				owner, operator, or permittee of that transfer station complies with one (1) of
				the following options:
(1) The numeric
				standard described in subsection (b).
(2) A procedure that meets the criteria in
				subsection (c).
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 14 - Solid Waste Processing Facilities; Quarterly Tonnage Reports › Section 14-1 - Quarterly 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 25-31; IC 36-9-30
Sec. 1.
(a) A
				quarterly tonnage report of solid waste received at the solid waste processing
				facility must be submitted to the commissioner by the owner, operator, or
				permittee of that facility.
(b) The report
				required by subsection (a) must be submitted:
(1) For all facilities required to report,
				except on-site incinerators, on or before the fifteenth day of the month
				immediately following the end of the calendar quarter being reported. If the
				submittal date falls on a Saturday, Sunday, or national or state legal holiday,
				the submittal date will be the next day that is not a Saturday, Sunday, or
				holiday.
(2) For on-site
				incinerators, annually, on or before the fifteenth of January. If the submittal
				date falls on a Saturday, Sunday, or national or state legal holiday, the
				submittal date will be the next day that is not a Saturday, Sunday, or
				holiday.
(3) For purposes of this
				subsection, "on-site" means a facility that accepts solid waste generated
				within the facility boundary and may also accept solid waste generated at
				various locations owned by the same parent company that owns the facility. The
				term does not include an incinerator that is on-site and permitted by rule
				under 329 IAC 11-19-2.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 15 - Miscellaneous Requirements Concerning Solid Waste Management › Section 15-1 - 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; IC 13-19-3; IC 13-22; IC 13-30-2; IC
				  36-9-30
Sec. 1.
(a) In
				addition to the definitions in 329 IAC 11-2 and IC
				13-11-2, the definitions in this
				section apply throughout this rule.
(b) "Manifest" means the form used for
				identifying the:
(1) quantity;
(2) origin;
(3) operators involved in a shipment;
				and
(4) destination; of municipal
				solid waste during its transportation.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 15 - Miscellaneous Requirements Concerning Solid Waste Management › Section 15-2 - Municipal waste transportation manifests

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.
Shipments of municipal waste from solid waste processing
				  facilities must be accompanied by a municipal waste transportation manifest.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 15 - Miscellaneous Requirements Concerning Solid Waste Management › Section 15-3 - Manifests required information

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.
The manifest required under section 2 of this rule must
				  include the following information:
(1)
				The amount in tons or pounds of municipal waste transported in the
				vehicle.
(2) The name and address
				of the solid waste processing facility from which the municipal waste is
				transported in the vehicle.
(3) The
				destination of the municipal waste.
(4) The name and business address of the
				transporter of the municipal waste.
(5) The name and address of the broker
				involved in the shipment, if applicable.
(6) The date of:
(A) the shipment; and
(B) receipt at the final disposal
				facility.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 15 - Miscellaneous Requirements Concerning Solid Waste Management › Section 15-4 - Responsibilities of the owners or operators of the solid waste processing facilities

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) The owner
				or an employee of the solid waste processing facility from which municipal
				waste is to be transported shall prepare the manifest required under section 2
				of this rule and deliver it to the operator of the vehicle, who shall carry it
				while transporting the municipal waste. The transporter shall present the
				manifest to the owner or an employee of the facility to which the municipal
				waste is transported.
(b) The owner
				or an employee of the facility to which the municipal waste is transported
				shall retain each manifest for one (1) year and send one (1) copy of each
				manifest to the department within three (3) months after receiving the
				manifest. The manifests must be retained at the facility and must be made
				available to the department staff upon request.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 15 - Miscellaneous Requirements Concerning Solid Waste Management › Section 15-5 - Prohibition on accepting municipal waste

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-20-6-4;
				  IC 13-30-2; IC
				  36-9-30
Sec. 5.
(a) Before
				accepting a shipment of municipal waste from a transfer station located inside
				or outside of Indiana, a solid waste processing facility must do the following:
(1) Receive a copy of the manifest.
(2) Review the manifest to determine whether
				the items listed under section 3 of this rule are included on the
				manifest.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 15 - Miscellaneous Requirements Concerning Solid Waste Management › Section 15-6 - 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. 6.
(a) A solid
				waste processing facility that knowingly accepts a shipment of municipal waste
				in contravention of section 5(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 solid waste processing facility did not receive a notice under section 5(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 solid waste processing facility did
				not receive a notice under section 5(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.