reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 37 - Restricted Waste Site Type III and Construction/Demolition Sites; Closure Requirements › Section 37-5 - Partial closure

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) Areas of
				a restricted waste site Type III or a construction/demolition site that have
				received final cover, and are graded and have established vegetation in
				accordance with the applicable provisions of this rule and 329 IAC 10-36 and
				the approved closure plan prior to closure of the facility may receive
				certification of partial closure.
(b) The owner or operator of a restricted
				waste site Type III or a construction/demolition site shall submit to the
				commissioner a certification signed by both the owner or operator and a
				registered professional engineer, that specifically identifies the closed areas
				and indicates that the partial closure is in accordance with the approved
				closure plan and the standards of this article. Certifications of partial
				closure must not be made for an area until the final cover has been completely
				provided for that area and vegetation has been established.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 37 - Restricted Waste Site Type III and Construction/Demolition Sites; Closure Requirements › Section 37-6 - Initiation of final closure

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) Within
				fifteen (15) days after receiving the final volume of waste, the owner or
				operator of a restricted waste site Type III or a construction/demolition site
				shall initiate final closure of all areas not certified as partially closed.
				Final closure must occur in accordance with the approved closure
				plan.
(b) The owner or operator of
				a restricted waste site Type III or a construction/demolition site shall
				complete other closure activities in accordance with the approved closure plan.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 37 - Restricted Waste Site Type III and Construction/Demolition Sites; Closure Requirements › Section 37-7 - Closure certification

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) As part
				of the final closure of a facility, the owner or operator of a restricted waste
				site Type III or a construction/demolition site shall submit to the
				commissioner the following:
(1) A
				certification statement, signed by both the owner or operator and a registered
				professional engineer, that the facility has been closed in accordance with the
				approved closure plan.
(2)
				Verification that the owner of the property on which the facility is located
				has recorded a notation on the deed to the facility property, or on some other
				instrument that is normally examined during title search, which will in
				perpetuity notify any potential purchaser of the property that the land has
				been used as a solid waste land disposal facility. At a minimum, the recording
				must contain the following:
(A) The general
				types and location of waste.
(B)
				The depth of fill.
(C) A plot plan,
				with surface contours at intervals of two (2) feet, which must indicate:
(i) final land surface water run-off
				direction;
(ii) surface water
				diversion structures after completion of the operation; and
(iii) final grading.
(D) A statement that no construction,
				installation of wells, pipes, conduits, or septic systems, or any other
				excavation must occur on the property without approval by the
				commissioner.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 38 - Restricted Waste Site Type III and Construction/Demolition Sites; Post-Closure Requirements › Section 38-1 - Performance 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. 1.
Owners or operators of a restricted waste site Type III and
				  a construction/demolition site shall maintain the facilities during the
				  post-closure period in a manner that:
(1) minimizes the need for further
				maintenance;
(2) controls
				post-closure escape of waste, waste constituents, leachate, contaminated
				precipitation, or waste decomposition products to the ground or surface waters
				or the atmosphere; and
(3) at a
				minimum, is in compliance with applicable closure provisions and conditions
				imposed in the facility permit.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 38 - Restricted Waste Site Type III and Construction/Demolition Sites; Post-Closure Requirements › Section 38-2 - Post-closure duties

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) Owners
				or operators of a restricted waste site Type III and a construction/demolition
				site have the following duties after closure of the facility:
(1) Post-closure activities must be performed
				in accordance with the approved post-closure plan as specified in section 3 of
				this rule.
(2) Inspection of the
				facility at least twice per year with a written report on the condition of the
				facility to be submitted to the commissioner.
(3) Maintenance of the minimum thickness of
				final cover and vegetation as required by 329 IAC 10-36 and 329 IAC
				10-37.
(4) Maintenance of the final
				contours of the facility in accordance with the applicable standards of 329 IAC
				10-36 and 329 IAC 10-37, and at a minimum, to provide that no ponding of water
				occurs on filled areas.
(5) Control
				of any vegetation on vehicular access ways to monitoring wells as required by
				329 IAC
				10-36-2(c).
(6) Control of vegetation at the site as
				necessary to enable determination of the need for slope and cover maintenance
				and leachate outbreak abatement.
(7) Maintenance of access control and
				benchmarks at the facility.
(8) If
				applicable, maintenance and monitoring of any water quality monitoring devices,
				leachate collection and treatment systems, or methane control
				systems.
(9) Control of any
				leachate at the facility as required by 329 IAC 10-36.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 38 - Restricted Waste Site Type III and Construction/Demolition Sites; Post-Closure Requirements › Section 38-3 - Post-closure 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. 3.
(a) Owners
				or operators of a restricted waste site Type III and a construction/demolition
				site shall have a written post-closure plan. The post-closure plan must be
				submitted with the permit application in accordance with 329 IAC 10-11 and be
				approved if acceptable by the commissioner as part of the permit. The approved
				post-closure plan must become a condition of the permit. If the plan is
				determined to be unacceptable, the commissioner shall identify the items needed
				to make it complete.
(b) The
				post-closure plan must identify the activities that will be carried on after
				closure under section 2 of this rule and must include at least the following:
(1) A description of the planned maintenance
				activities and the frequency at which they will be performed.
(2) The name, address, and telephone number
				of the owner or operator with responsibility for maintaining the site after
				closure whom the commissioner may contact about the solid waste facility during
				the post-closure period.
(3) A
				post-closure cost estimate in accordance with
				329 IAC
				10-39-3. Post-closure costs must be calculated based
				on the cost necessary for the work to be performed by a third party. For
				post-closure maintenance of final cover and vegetation, the amount per acre
				must be ten percent (10%) of the cost calculated under
				329 IAC 10-37-4(b)(4)
				 multiplied by the total acreage of the site
				permitted for filling. The estimate of the post-closure cost per acre must be
				that necessary for providing the activities as specified in the post-closure
				plan; however, the sum of the closure cost estimate and post-closure cost
				estimate must not be less than fifteen thousand dollars ($15,000) per acre or
				fraction of an acre covered by the permitted facility.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 38 - Restricted Waste Site Type III and Construction/Demolition Sites; Post-Closure Requirements › Section 38-4 - Post-closure certification

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.
When the post-closure care requirements of this rule have
				  been completed, the owner or operator of a restricted waste site Type III or a
				  construction/demolition site shall submit a certification statement signed by
				  both the owner or operator and a registered professional engineer that the
				  post-closure care requirements have been met and the facility has stabilized.
				  The post-closure certification will be deemed adequate unless within one
				  hundred fifty (150) days of receipt of the post-closure certification, the
				  commissioner issues notice of the deficiency of post-closure, including actions
				  necessary to correct the deficiency.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 38 - Restricted Waste Site Type III and Construction/Demolition Sites; Post-Closure Requirements › Section 38-5 - Responsibility after post-closure to correct nuisance

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.
Subsequent to the completion of post-closure, 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 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 38 - Restricted Waste Site Type III and Construction/Demolition Sites; Post-Closure Requirements › Section 38-6 - Elimination of threats to human health or the environment after post-closure

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.
Subsequent to the completion of post-closure, 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 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 38 - Restricted Waste Site Type III and Construction/Demolition Sites; Post-Closure Requirements › Section 38-7 - Remedial action

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
				  13-25-4-7; IC
				  13-30-2; IC
				  36-9-30
Sec. 7.
The commissioner may proceed under IC
				  13-11-2 and rules adopted under IC
				  13-25-4-7 that
				  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 13-11-2, 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 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 39 - Solid Waste Land Disposal Facilities; Financial Responsibility › Section 39-1 - 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) This
				rule applies to all solid waste land disposal facilities that:
(1) are required to have a permit under
				329 IAC
				10-11-1;
(2) submit an application for a permit;
				or
(3) have a currently effective
				operating permit.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 39 - Solid Waste Land Disposal Facilities; Financial Responsibility › Section 39-2 - Closure; financial responsibility

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 8-1-2; IC 8-1-13; IC 13-20; IC 36-9-30
Sec. 2.
(a) The
				permittee shall establish financial responsibility for closure of all the
				permitted acreage for the solid waste land disposal facility before waste
				placement, except as provided in subsection (b). The permittee shall choose
				from the following options:
(1) The trust fund
				option, including the following:
(A) The
				permittee may satisfy the requirements of this section by doing as follows:
(i) Establish a trust agreement on forms
				approved by the commissioner.
(ii)
				Submit an original signed copy of the trust agreement to the
				commissioner.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 39 - Solid Waste Land Disposal Facilities; Financial Responsibility › Section 39-3 - Post-closure; financial responsibility

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-20; IC 36-9-30
Sec. 3.
(a) The
				permittee shall establish financial responsibility for post-closure care for
				all the permitted acreage of the solid waste land disposal facility before
				waste placement, except as provided by subsection (b). The permittee shall
				choose from the following options:
(1) The
				trust fund option, including the following:
(A) The permittee shall do as follows:
(i) Establish a trust agreement on forms
				approved by the commissioner.
(ii)
				Submit an original signed copy of the trust agreement to the
				commissioner.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 39 - Solid Waste Land Disposal Facilities; Financial Responsibility › Section 39-4 - Multiple 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 permittee may use a single financial responsibility
				  mechanism to meet the requirements for more than one (1) solid waste land
				  disposal facility. Evidence of financial responsibility submitted to the
				  commissioner must include a list showing, for each solid waste land disposal
				  facility, the following:
(1) The solid
				waste land disposal facility permit number, name, and address.
(2) The amount of funds available through the
				mechanism that must be no less than the sum of funds that would be available if
				a separate mechanism had been established and maintained for each solid waste
				land disposal facility.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 39 - Solid Waste Land Disposal Facilities; Financial Responsibility › Section 39-5 - Joint financial responsibility for closure and post-closure

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-18; IC 13-20; IC 36-9-30
Sec. 5.
(a) A
				permittee may satisfy the requirements for financial responsibility for both
				closure and post-closure care for one (1) or more solid waste land disposal
				facilities by using a trust fund, surety bond, letter of credit, or
				insurance.
(b) In addition to the
				mechanisms listed under subsection (a), a permittee of a restricted waste site
				may use a financial test for restricted waste sites.
(c) In addition to the mechanisms listed
				under subsection (a), a permittee that is a local government may use a local
				government financial test or local government guarantee.
(d) The mechanisms listed under this section
				must meet the specifications for the mechanism in sections 2 through 3 of this
				rule.
(e) The amount of funds
				available through the mechanism must be no less than the sum of funds that
				would be available if a separate mechanism had been established and maintained
				for financial responsibility of closure and of post-closure care.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 39 - Solid Waste Land Disposal Facilities; Financial Responsibility › Section 39-6 - Release of financial responsibility obligations

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.
As part of the acknowledgement of final closure and
				  post-closure, the commissioner shall notify the permittee that the permittee is
				  no longer required to maintain financial responsibility for closure and
				  post-closure care once the requirements for closure and post-closure have been
				  fulfilled.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 39 - Solid Waste Land Disposal Facilities; Financial Responsibility › Section 39-7 - Incapacity of permittee, guarantors, or financial institutions

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-20; IC 36-9-30
Sec. 7.
(a) A
				permittee shall notify the commissioner by certified mail within ten (10) days
				after commencement of a voluntary or involuntary proceeding under bankruptcy
				under
				11
				U.S.C. 101 et seq., October 1, 1979, naming
				the permittee as debtor.
(b) A
				local government guarantor, which provides financial assurance to a permittee,
				shall notify the permittee and the commissioner by certified mail within ten
				(10) days after commencement of a voluntary or involuntary proceeding under
				bankruptcy under
				11
				U.S.C. 101 et seq., October 1, 1979, naming
				the local government guarantor as debtor.
(c) A permittee who fulfills the requirements
				of sections 1 through 5 of this rule by obtaining a trust fund, surety bond,
				letter of credit, insurance policy, or local government guarantee shall be
				deemed to be without the required financial responsibility in the event of
				bankruptcy of the:
(1) trustee;
(2) institution issuing the surety bond,
				letter of credit, or insurance policy to issue such instruments; or
(3) local government guarantor.
The permittee shall establish other financial responsibility
				  within sixty (60) days after such an event.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 39 - Solid Waste Land Disposal Facilities; Financial Responsibility › Section 39-8 - Penalty for failure to fund financial responsibility

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-14; IC 13-18; IC 13-20; IC 13-30; IC
				  36-9-30
Sec. 8.
In addition to any other penalties provided for in this
				  article or in IC 13-14 and IC 13-30, any failure to obtain, maintain, or fund
				  any financial responsibility mechanism as required by this rule within the
				  prescribed time limits shall be deemed to endanger human health or the
				  environment, and shall be grounds for a proceeding to revoke the solid waste
				  land disposal facility's permit or to order final closure of the solid waste
				  land disposal facility.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 39 - Solid Waste Land Disposal Facilities; Financial Responsibility › Section 39-9 - Release of funds

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) This
				section applies to all permittees funding financial responsibility mechanisms
				under this rule whether utilizing the entire facility standard specified in
				section 2(b)(2)(A) of this rule or the incremental standard specified in
				section 2(b)(2)(B) of this rule.
(b) Permittees may request release of closure
				or post-closure financial responsibility funds as follows:
(1) Closure as follows:
(A) Prior to closure of the solid waste land
				disposal facility, if payments have been made by the permittee as a part of
				establishing a financial responsibility mechanism, and if the payments total
				more than the required amount, the permittee may request, and the commissioner
				shall release the excess amount provided no refund must be made for an amount
				less than two thousand five hundred dollars ($2,500). Such request for release
				must be made no more than once a year.
(B) After beginning final closure, a
				permittee or any other person authorized to perform closure may request
				reimbursement for closure expenditures by submitting itemized bills to the
				commissioner for a minimum of ten thousand dollars ($10,000), except after
				final closure certification approval. However, the permittee must provide maps
				indicating the closure work that has been completed, and after expenditures for
				closures have been reimbursed, the remaining amount in the fund must be an
				adequate amount to complete the remainder of the closure work as required by
				the closure plan.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 39 - Solid Waste Land Disposal Facilities; Financial Responsibility › Section 39-10 - Financial assurance for corrective action for municipal solid waste landfills

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-20; IC 36-9-30
Sec. 10.
(a) If the
				permittee of a MSWLF is required to undertake a corrective action program for
				ground water impacts, the permittee shall establish financial assurance for the
				most recent corrective action program. The permittee shall choose from the
				following options:
(1) The trust fund option,
				including the following:
(A) The permittee
				shall demonstrate financial assurance for corrective action by doing as
				follows:
(i) Obtain a trust fund on forms as
				approved by the commissioner.
(ii)
				Submit an original signed copy of the trust agreement to the
				commissioner.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 39 - Solid Waste Land Disposal Facilities; Financial Responsibility › Section 39-11 - Release of financial responsibility obligations

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-18; IC 13-20; IC 36-9-30
Sec. 11.
As part of the acknowledgment of corrective action, the
				  commissioner shall notify the permittee that the permittee is no longer
				  required to maintain financial responsibility under section 10 of this rule for
				  corrective action once the requirements for corrective action have been
				  fulfilled.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 1 - General Provisions › Section 1-1 - Enforcement

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; IC 36-9-30
Sec. 1.
This article shall be enforced through the provisions of IC
				  13-14-10, IC 13-15, or IC 13-30-3 through IC 13-30-5, IC 13-30-10
[IC
				  13-30-6 was repealed by P.L. 137-2007,
				  SECTION
				  37, effective July 1, 2007.]
, or any
				  combination thereof, as appropriate.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 1 - General Provisions › Section 1-2 - Penalties

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; IC
				  36-9-30
Sec. 2.
Penalties for violation of this article shall be governed by
				  IC 13-30-3 through IC
				  13-30-7.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 1 - General Provisions › Section 1-3 - Reporting

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) Any
				permittee required to monitor under this article or by any permit issued under
				this article shall maintain all records of all monitoring information and
				monitoring activities, including the following:
(1) The date, exact place, and time of the
				sampling or measurements.
(2) The
				person or persons who performed the sampling or measurements.
(3) The date or dates analyses were
				performed.
(4) The person or
				persons who performed the analyses.
(5) The sampling methods used.
(6) All quality assurance/quality control
				documentation.
(7) The analytical
				techniques or methods used.
(8) The
				results of the measurements or analyses.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 1 - General Provisions › Section 1-4 - Variances

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-14-8; IC
				  13-30-2; IC
				  36-9-30
Sec. 4.
The commissioner may grant a variance from compliance with
				  provisions of this article in accordance with the provisions of IC
				  13-14-8-8
				  through IC
				  13-14-8-11.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 1 - General Provisions › Section 1-5 - Severability

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.
If any provision of this article, or the application thereof
				  to any person or circumstance is held invalid, the invalidity shall not affect
				  any other provisions or applications of this article which can be given effect
				  without the invalid provision or application.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-1 - Definitions

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
				  13-11-2; IC 13-19; IC
				  13-30-2; IC 25-31; IC
				  36-9-30
Sec. 1.
In addition to the definitions found in IC
				  13-11-2, the definitions in this
				  rule apply only to this article.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-2 - "Access road" defined

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 25-31; IC
				  36-9-30
Sec. 2.
"Access road" means a road that leads to the entrance of a
				  solid waste processing facility, normally a county, state, or federal highway.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-2.3 - "Adjoining land" defined

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. 2.3.
"Adjoining land" means the land that abuts or touches land
				  upon which a solid waste processing facility is located. If the immediately
				  adjoining land is owned by the permittee or the solid waste processing
				  facility, the adjoining land is the first abutting land not owned by the
				  permittee unless the first abutting land is greater than one-half (1/2) mile
				  from the solid waste processing facility boundary. If there is a road or other
				  right-of-way adjoining the property, then the land that would otherwise be
				  adjoining if not for the presence of the road or other right-of-way is also
				  adjoining.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-2.6 - "Applicant" defined

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. 2.6.
"Applicant" means the person who applies for the permit.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-3 - "Ash residue" defined

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 25-31; IC
				  36-9-30
Sec. 3.
"Ash residue" means all solid residue and any entrained
				  liquids resulting from the combustion of solid waste, fossil fuel, or solid
				  waste in combination with fossil fuel at a solid waste incinerator,
				  including:
(1) bottom ash;
(2) boiler ash;
(3) fly ash; or
(4) solid residue of any air pollution
				control device used at a solid waste incinerator.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-4 - "Base flood" defined

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 25-31; IC
				  36-9-30
Sec. 4.
"Base flood" means a flood:
(1) that has a one percent (1%) or greater
				chance of recurring in any year; or
(2) of a magnitude equaled or exceeded, on
				the average, once in one hundred (100) years.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-5 - "Board" defined

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
				  13-11-2-17; IC
				  13-19; IC 13-30-2; IC 25-31; IC
				  36-9-30
Sec. 5.
"Board" means the solid waste management board as defined in
				  IC
				  13-11-2-17(e).
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-5.5 - "Closure" defined

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. 5.5.
"Closure" means those activities, described in
				  329 IAC
				  11-16-1, to be completed at the end of waste
				  acceptance at a solid waste processing facility or units of a facility,
				  including closure certification required by
				  329 IAC
				  11-16-1, but not including those activities required
				  after certification.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-5.7 - "Closure certification" defined

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15; IC 13-19-3
Affected: IC 13-19; IC 25-31; IC
				  36-9-30
Sec. 5.7.
"Closure certification" means a written certification signed
				  by the owner, operator, or permittee and an independent registered professional
				  engineer submitted to the commissioner stating that closure for all units of
				  the facility have been completed in accordance with the approved closure plan.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-6 - "Collection container system" defined

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 25-31; IC 36-9-30
Sec. 6.
"Collection container system" has the meaning set forth in
				  329 IAC
				  12-2-6.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-7.3 - "Construction/demolition waste" defined

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. 7.3.
(a)
				"Construction/demolition waste" means solid waste resulting from the
				construction, remodeling, repair, or demolition of structures. Such wastes may
				include any of the following:
(1) Scrap
				lumber.
(2) Bricks.
(3) Concrete.
(4) Stone.
(5) Glass.
(6) Wallboard.
(7) Roofing.
(8) Plumbing fixtures.
(9) Wiring.
(10) Nonasbestos insulation.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-7.4 - "Container" defined

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. 7.4.
"Container" means a portable receptacle in which solid waste
				  or recyclables are held for collection, storage, or transportation.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-8 - "Contaminant" defined

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 25-31; IC
				  36-9-30
Sec. 8.
"Contaminant" means any of the following:
(1) Pollutant as defined in the federal Water
				Pollution Control Act,
				33
				U.S.C. 1362 as amended November 18,
				1988.
(2) Radioactive material as
				regulated by the Atomic Energy Act of 1954,
				42
				U.S.C. 2014 as amended October 24,
				1992.
(3) Solid or hazardous waste
				as determined by the Resource Conservation and Recovery Act,
				42 U.S.C.
				6901 et seq. as effective January 1,
				1989.
(4) Hazardous substance as
				defined by the Comprehensive Environmental Response, Compensation, and
				Liability Act,
				42
				U.S.C. 9601 et seq. as amended November 23,
				1988.
(5) Any toxic substance as
				determined by the Toxic Substances Control Act,
				15 U.S.C.
				2603 et seq. as amended October 22,
				1986.
(6) Any commingled waste
				containing waste as defined in subdivisions (1) through (5), from whatever
				source that:
(A) is injurious to human health,
				plant or animal life, or property;
(B) interferes unreasonably with the
				enjoyment of life or property; or
(C) violates this article.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-8.1 - "Conterminous" defined

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. 8.1.
"Conterminous" means contained within the same common
				  boundary.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-8.2 - "Contiguous land" defined

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. 8.2.
"Contiguous land" means land touching along a boundary or at
				  a point.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-8.3 - "Contingency action plan" defined

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. 8.3.
"Contingency action plan" means a written course of action
				  to be followed for the method or methods of waste management or disposal if the
				  facility is unable to operate or process solid waste for twenty-four (24) hours
				  or longer.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-9.2 - "Design capacity" defined

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. 9.2.
"Design capacity" means the total volume in tons per day of
				  solid waste specified in the solid waste processing facility permit application
				  as approved by the commissioner.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-9.5 - "Dike" defined

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. 9.5.
"Dike" means an embankment or ridge of either natural or
				  man-made materials used to prevent, control, or confine the movement of liquids
				  or solids.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-9.8 - "Discard" defined

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. 9.8.
"Discard" means to abandon by:
(1) disposal;
(2) burning or incinerating, including being
				burned as a fuel for the purpose of recovering usable energy; or
(3) accumulating, storing, or physically or
				chemically treating, other than burning or incinerating, in lieu of or prior to
				disposal.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-9.9 - "Electronic submission" defined

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. 9.9.
"Electronic submission" means any submission of information
				  to the department via electronic media. Such media may include the
				  following:
(1) Magnetic storage tape
				or disk.
(2) Compact disc read-only
				memory (CD-ROM).
(3) Electronic
				mail or attachments, or both.
(4)
				File transfer protocol (FTP).
(5)
				Hypertext transfer protocol (HTTP).
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-10.1 - "Emergency response plan" defined

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. 10.1.
"Emergency response plan" means a document setting out an
				  organized, planned, and coordinated course of action to be followed in case of
				  an emergency such as fire, spills, contaminant release, or release of solid
				  waste by products, such as gases or chemical contaminants, or leachate that
				  could imminently threaten human health or the environment.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-10.2 - "Environmental protection acts" defined

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. 10.2.
"Environmental protection acts" means state and federal
				  statutes relating to protection of the environment and public health.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-10.3 - "Face amount" defined

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. 10.3.
"Face amount" means the total amount the insurer is
				  obligated to pay under the insurance policy. Actual payments by the insurer
				  will not change the face amount, although the insurer's future liability will
				  be lowered by the amount of the payments.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-10.4 - "Facility" defined

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. 10.4.
"Facility" means one (1) or more permitted processing,
				  storage, disposal, or operational units used for processing, storing in
				  conjunction with processing or disposal, or disposing of solid waste. The term
				  includes the following:
(1) All
				conterminous land and structures related to the permit within the facility
				boundary.
(2) Other appurtenances
				related to the permit.
(3)
				Improvements on the land related to the permit.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-10.5 - "Facility boundary" defined

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-19-3
Affected: IC 13-19; IC 25-31; IC
				  36-9-30
Sec. 10.5.
"Facility boundary" means the outermost perimeter of land
				  related to the facility specified in the plans approved by the commissioner.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-10.8 - "Floodplain" defined

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. 10.8.
"Floodplain" means the areas adjoining a river, stream, or
				  lake that are inundated by the base flood.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-10.9 - "Floodway" defined

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. 10.9.
"Floodway" means the channel of a river or stream and those
				  portions of the floodplain adjoining the channel that are reasonably required
				  to efficiently carry and discharge the peak flow of the base flood.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-12 - "Generator" or "generating facility" defined

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 25-31; IC
				  36-9-30
Sec. 12.
"Generator" or "generating facility" means any person or
				  site, at, on, or by which one (1) or more solid wastes are generated, such as a
				  large manufacturing plant that may have more than one (1) source of solid waste
				  at the plant location. The term does not include hazardous waste generator as
				  regulated by 329 IAC 3.1.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-12.2 - "Generator knowledge" defined

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2; IC
				  13-19-3
Affected: IC 13-19; IC 25-31; IC
				  36-9-30
Sec. 12.2.
"Generator knowledge" means the relevant, accurate, and
				  reliable information available to or developed by the generator about a waste
				  that allows a person to determine the correct regulatory status of that waste.
				  This information may include, but is not limited to, the following categories
				  of information:
(1) Information
				provided by the manufacturer or supplier of the materials used in the
				process.
(2) Information provided
				in reference materials.
(3)
				Information describing the process that generates the waste.
(4) Information describing the materials used
				in the process that generates the waste.
(5) Information describing principles of
				science, including chemistry and physics, applied to the raw materials and
				process used.
(6) Information
				developed through prior testing of the waste.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-13 - "Grading" defined

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 25-31; IC
				  36-9-30
Sec. 13.
"Grading" means the contouring of land so that surface water
				  flow and erosion are controlled according to a predetermined plan.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-14 - "Ground water" defined

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 25-31; IC
				  36-9-30
Sec. 14.
"Ground water" means accumulations of underground water,
				  natural and artificial, public and private, or parts thereof, that are wholly
				  or partially within, flow through, or border upon this state, but excluding
				  man-made underground storage or conveyance structures.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-14.8 - "Hauler" defined

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. 14.8.
"Hauler" means a person engaged in the transportation of
				  solid waste by:
(1) air;
(2) rail;
(3) roadway; or
(4) water.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 11 - SOLID WASTE PROCESSING FACILITIES › Rule 2 - Definitions › Section 2-15 - "Hazardous waste" defined

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 25-31; IC
				  36-9-30
Sec. 15.
"Hazardous waste" means waste that is regulated under 329 IAC
				  3.1.