reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 4 - Open Dumping and Open Dumps › Section 4-4 - Owner responsibilities

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-18; IC 13-25-4-7; IC 13-25-4-8; IC 13-30-2;
				  IC 36-9-30
Sec. 4.
(a) The owner
				of real estate upon which an open dump is located is responsible for the
				following:
(1) Correcting and controlling any
				nuisance conditions that occur as a result of the open dump. Correction and
				control of nuisance conditions must include:
(A) removal of all solid waste from the area
				of the open dump and disposal of such wastes in a solid waste land disposal
				facility permitted to accept the waste; or
(B) other methods as approved by the
				commissioner.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 5 - Industrial On-Site Activities Needing Permits › Section 5-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3-1
Affected: IC 13-19-3; IC 13-25-4; IC 36-9-30
Sec. 1.
(a) This rule
				applies to all industries:
(1) that dispose of
				solid waste on the site where the waste is generated or off-site at a solid
				waste land disposal facility that is owned and operated by the generator for
				its exclusive use; and
(2) that are
				required to have a permit under this article, but did not have a permit under:
(A) 329 IAC 1.5, which was repealed in 1989;
				or
(B) 329 IAC 2, which was
				repealed in 1996.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 5 - Industrial On-Site Activities Needing Permits › Section 5-2 - Application 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.
(a) All
				industries operating before the effective date of this rule are subject to this
				rule and must file a complete application with the commissioner for a permit
				under this article or submit the following information:
(1) The name and address of the facility
				producing the solid waste.
(2) A
				description of the process or processes producing the solid waste.
(3) Information on the total quantity of
				solid waste produced.
(4) A
				description of the appearance of the material, any odor produced by the
				material, and the susceptibility of the material to wind and water
				dispersal.
(5) Information on the
				chemical and physical characteristics of the solid waste, including the
				following:
(A) Composition.
(B) Density.
(C) Leachability.
(D) Reactivity.
(E) Ignitability.
(F) Toxicity.
(6) Information on all known hazards
				associated with the waste.
(7) A
				description of the current method and location of disposal.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 5 - Industrial On-Site Activities Needing Permits › Section 5-3 - Action on the application

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) The
				commissioner shall review the information submitted and prioritize permit
				determinations based upon an assessment of the health and environmental threat
				posed by the disposal activity. To achieve prioritization the commissioner
				shall consider the data, or lack of data, regarding the characteristics of the
				material and the current disposal method.
(b) To the extent practical, the commissioner
				shall endeavor to process permits for solid waste land disposal facilities that
				dispose of similar types of solid wastes in the same time period to allow
				industrial categories to share data collection efforts.
(c) In cases where the commissioner
				determines that further data is needed to adequately evaluate the disposal
				activities for the purposes of issuing a permit, the commissioner shall provide
				written notice of such requirements to the facility and allow a reasonable time
				period for compliance with requests for additional information.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 6 - Previously Permitted Solid Waste Land Disposal Facilities and Sanitary Landfills Closed Prior to April 14, 1996; Responsibilities › Section 6-1 - Applicability

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 36-9-30
Sec. 1.
This rule applies to any previously permitted solid waste
				  land disposal facility or sanitary landfill that closed prior to the repeal of
				  329 IAC 2 in 1996.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 6 - Previously Permitted Solid Waste Land Disposal Facilities and Sanitary Landfills Closed Prior to April 14, 1996; Responsibilities › Section 6-2 - Maintenance, monitoring, or correcting nuisance; permittee responsibilities

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) The
				owner, operator, or permittee of a closed solid waste land disposal facility
				must continue to monitor and provide maintenance to the solid waste land
				disposal facility in accordance with the rules under which the permit was
				granted to the solid waste land disposal facility and in force at the time the
				solid waste land disposal facility was closed, and in accordance with the
				facility permit.
(b) The owner,
				operator, or permittee of a closed solid waste land disposal facility, or the
				owner of real estate upon which a closed solid waste land disposal facility is
				located, shall be responsible for correcting and controlling any nuisance
				conditions occurring at the solid waste land disposal facility.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 6 - Previously Permitted Solid Waste Land Disposal Facilities and Sanitary Landfills Closed Prior to April 14, 1996; Responsibilities › Section 6-3 - 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, operator, or permittee of a closed solid waste
				  land disposal facility or the owner of real estate on which a closed solid
				  waste land disposal 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 6 - Previously Permitted Solid Waste Land Disposal Facilities and Sanitary Landfills Closed Prior to April 14, 1996; Responsibilities › Section 6-4 - 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 13-25-4-7; IC 13-25-4-8; IC 36-9-30
Sec. 4.
If the commissioner determines that the closed solid waste
				  land disposal facility is or may be a threat to human health or the
				  environment, due to a release or threat of release of contaminants from the
				  solid waste land disposal facility into the environment, the commissioner may
				  proceed under IC 13-25-4 and rules adopted under IC 13-25-4-7 that require the
				  owner, operator, or permittee of a closed solid waste land disposal facility or
				  the owner of real estate upon which a closed solid waste land disposal facility
				  is located, or any other responsible person under IC 13-25-4-8, to perform
				  remedial action, including the installation and monitoring of ground water
				  monitoring wells or other devices and corrective action under
				  329 IAC
				  10-21-13.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 7.2 - Generator Responsibilities for Waste Information › Section 7.2-1 - Generator responsibilities for waste information

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2; IC 13-19-3-1
Affected: IC 13-12; IC 13-14-1-4; IC 13-14-2-7; IC 13-19; IC
				  13-30-2-1
Sec. 1.
(a) A person
				who generates a solid waste shall carry out the hazardous waste determination
				required by
				40 CFR
				262.11, incorporated by reference in 329 IAC
				3.1-7.
(b) A person who generates a
				nonhazardous solid waste and disposes of it in a solid waste land disposal
				facility regulated under this article shall determine if any of the following
				are present in the waste:
(1) Fugitive dust
				regulated under the rules of the air pollution control board at 326 IAC 6-4, or
				fugitive particulate matter regulated under the rules of the air pollution
				control board at 326 IAC 6-5.
(2)
				Heat, or the capability of generating heat, regulated under
				329 IAC
				10-8.2-3.
(3) Regulated asbestos-containing material
				regulated under
				329 IAC
				10-8.2-4.
(4) Polychlorinated biphenyls regulated under
				329 IAC 4.1 or this article.
(5)
				Pesticides regulated under this article or 329 IAC 3.1.
(6) Infectious waste regulated under the
				rules of the Indiana state department of health at 410 IAC 1-3.
(7) Liquid waste regulated under
				329 IAC
				10-20-27.
(8) Other materials prohibited from disposal
				under
				329 IAC
				10-9-2.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 8.2 - Management Requirements for Certain Solid Wastes › Section 8.2-1 - General

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2; IC
				  13-19-3-1
Affected: IC 13-19
Sec. 1.
This rule describes certain solid waste that must be managed
				  using the handling or disposal requirements described in this
				  rule.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 8.2 - Management Requirements for Certain Solid Wastes › Section 8.2-2 - Wastes that generate fugitive dust

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2; IC 13-19-3-1
Affected: IC 13-17; IC 13-19
Sec. 2.
Waste that generates fugitive dust or fugitive particulate
				  matter must be managed in a way that does not violate any of the
				  following:
(1) The rules of the air
				pollution control board at 326 IAC 6-4 for fugitive dust.
(2) The rules of the air pollution control
				board at 326 IAC 6-5 for fugitive particulate matter, including
				326 IAC 6-5-4(g)
				 for control measures for solid waste
				handling.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 8.2 - Management Requirements for Certain Solid Wastes › Section 8.2-3 - Waste that is hot or capable of generating heat

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2; IC
				  13-19-3-1
Affected: IC 13-19
Sec. 3.
(a) Waste
				that is hot, or capable of generating heat in combination with other wastes or
				water, such that the heat may adversely affect:
(1) routine solid waste disposal
				operations;
(2) the structure of
				the MSWLF unit or non-MSWLF unit; or
(3) human health;
must be managed in accordance with this section, as
				  applicable.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 8.2 - Management Requirements for Certain Solid Wastes › Section 8.2-5 - Wastes that contain PCBs

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2; IC
				  13-19-3-1
Affected: IC 13-19; IC
				  13-20-15
Sec. 5.
Wastes that contain PCBs must be managed and disposed of in
				  accordance with 329 IAC 4.1.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 8.2 - Management Requirements for Certain Solid Wastes › Section 8.2-6 - Waste pesticides or wastes contaminated with pesticides

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2; IC 13-19-3-1
Affected: IC 13-19; IC 15-16-4-68
Sec. 6.
Waste pesticides or wastes contaminated with pesticides must
				  be disposed of in accordance with:
(1)
				The label required by
				40 CFR
				156.10(a) *.
(2) IC
				15-16-4-68.
*These documents are incorporated by reference. Copies may be
				  obtained from the Government Publishing Office,
www.gpo.gov
, or are available for review at the
				  Indiana Department of Environmental Management, Office of Legal Counsel,
				  Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor,
				  Indianapolis, Indiana 46204.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 9 - Solid Waste Land Disposal Facility Classification › Section 9-1 - 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.
(a) The
				following categories will be used for the purpose of defining site requirements
				and permissible wastes to be received for all solid waste land disposal
				facilities:
(1) Municipal solid waste landfill
				(MSWLF).
(2)
				Construction/demolition site.
(3)
				Restricted waste site as follows:
(A)
				Restricted waste site Type I.
(B)
				Restricted waste site Type II.
(C)
				Restricted waste site Type III.
(D)
				Restricted waste site Type IV.
(4) Nonmunicipal solid waste
				landfill.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 9 - Solid Waste Land Disposal Facility Classification › Section 9-2 - Municipal solid waste landfill 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 13-20; IC 36-9-30
Sec. 2.
(a) Except
				as provided in subsection (b), a municipal solid waste landfill may accept any
				solid waste including the following:
(1)
				Municipal solid waste.
(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) Nonhazardous
				sludge.
(6) Pollution control
				waste.
(7) Any solid waste
				authorized by the facility permit.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 9 - Solid Waste Land Disposal Facility Classification › Section 9-3 - Construction/demolition site waste criteria

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) A
				construction/demolition site may accept only construction/demolition waste as
				defined in
				329 IAC
				10-2-37. The construction/demolition waste must not be
				further shredded, crushed, ground, pulverized, or otherwise processed after
				construction/demolition or prior to disposal to a form unrecognizable as
				construction/demolition waste. Other items are prohibited, except as specified
				in subsection (b).
(b) Specific,
				written approval by the commissioner for disposal of other items may be
				requested. Approvals will be granted only if the other items to be disposed of:
(1) are incidental to the
				construction/demolition site;
(2)
				are of a similar type and size to the items allowed by subsection (a);
				and
(3) will not create a greater
				threat to the environment than the items allowed by subsection (a).
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 9 - Solid Waste Land Disposal Facility Classification › Section 9-4 - Restricted waste sites waste criteria

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. 4.
(a) A
				restricted waste site must accept only the restricted waste types specified in
				the facility permit, determined according to the classification criteria in
				this section.
(b) Restricted wastes
				accepted at a restricted waste site must be limited to one (1) waste type or
				related waste types that are as follows:
(1)
				Expected to have similar chemical and physical composition.
(2) Demonstrated to be within the
				concentration limits for the appropriate site type for each constituent for
				which testing is required. The concentration limits for each constituent for
				each restricted waste site type are as follows:
(A) Table 1 lists the maximum levels for
				constituents using Method 1311, the toxicity characteristic leaching procedure
				test described in U.S. Environmental Protection Agency Publication SW-846:
Table 1. Constituents Using Method 1311, Toxicity
				  Characteristic Leaching Procedure
Constituent
Concentration (milligrams per liter)
Type IV
Type III
Type II
Type I
Arsenic
<=.05
<=.50
<=1.3
<5.0
Barium
<=1.0
<=10.
<= 25.
<100.
Cadmium
<=.01
<=.10
<=.25
<1.0
Chromium
<=.05
<=.50
<=1.3
<5.0
Lead
<=.05
<=.50
<=1.3
<5.0
Mercury
<=.002
<=.02
<=.05
<.20
Selenium
<=.01
<=.10
<=.25
<1.0
Silver
<=.05
<=.50
<=1.3
<5.0
"<" means less than
" <=" means less than or equal to
(B) Table 2 lists the maximum levels for
				constituents using the neutral leaching method test:
Table 2. Constituents Using the Neutral Leaching Method
				  Test1
Constituent
Concentration (milligrams per liter)
Type IV
Type III
Type II
Type I
Barium
<=1.0
<=10.0
[LESS THAN] 25.
(2)
Chlorides
<= 250.
<= 2,500.
<=6,300.
(2)
Copper
<=.25
<= 2.5
<=6.3
(2)
Cyanide, total
<=.20
<= 2.0
<=5.0
(2)
Fluoride
<=1.4
<=14.0
<=35.
(2)
Iron
<=1.5
<=15.0
(2)
(2)
Manganese
<=.05
<=.50
(2)
(2)
Nickel
<=.20
<= 2.0
<=5.0
(2)
Phenols
<=.30
<=3.0
<=7.5
(2)
Sodium
<= 250.
<= 2,500.
<=6,300.
(2)
Sulfate
<= 250.
<= 2,500.
<=6,300.
(2)
Sulfide, total
<=1.03
<=5.0
<=13.
(2)
Total dissolved solids
<=500.
<=5,000.
<=12,500.
(2)
Zinc
<= 2.5
<= 25.
<=63.
(2)
"<" means less than
" <=" means less than or equal to 1 The Neutral Leaching
				  Method test is conducted as follows:
(1) Use Method 1311, Toxicity Characteristic
				Leaching Procedure, described in U.S. Environmental Protection Agency
				publication SW-846.
(2) Substitute
				deionized water for extraction fluids 1 and 2 described in Method
				1311.
(3) Analyze for pH at the end
				of the eighteen (18) hour extraction period.
2Testing is not required.
3If detection limit problems
				  exist, please consult the Office of Land Quality for guidance.
(C) Table 3 lists the
				maximum pH:
Table 3. pH
Constituent
Acceptable Range (Standard Units)
Type IV
Type III
Type II
Type I
pH
6.0-9.0
5.0-10.0
4.0-11.0
(1)
1Testing is not
				  required.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 9 - Solid Waste Land Disposal Facility Classification › Section 9-5 - Nonmunicipal solid waste landfill waste criteria

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
				  36-9-30-35
Sec. 5.
(a)
				Nonmunicipal solid waste landfills may accept waste as specified in the
				facility permit. Other waste is prohibited, except as specified in subsection
				(b).
(b) A nonmunicipal solid waste
				landfill may accept other waste streams if:
(1) it makes a written request to dispose of
				other solid waste; and
(2) it is
				granted specific, written approval by the commissioner for disposal of other
				solid waste at the facility.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 10 - Transition Requirements of Municipal Solid Waste Landfill Siting, Design, and Closure › Section 10-1 - 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 MSWLFs and new and existing MSWLF units
				must comply with applicable requirements in this article.
(b) Within one hundred twenty (120) days
				following April 13, 1996, the owner, operator, or permittee of a MSWLF
				permitted under 329 IAC 1.5, which was repealed in 1989, or 329 IAC 2, which
				was repealed in 1996, shall submit any necessary permit modification
				application to comply with the requirements of this article, 329 IAC 10, as
				effective on April 13, 1996.
(c) On
				or before August 2, 2004, the owner, operator, or permittee of an MSWLF shall
				submit any necessary permit modification applications to comply with the
				requirements of this article as amended on April 1, 2004, unless subsection (d)
				is applicable.
(d) On or before
				August 2, 2004, the owner, operator or permittee of an MSWLF shall submit
				information for the agency's approval which includes the SWP3 and associated
				information as required in
				329
				IAC 10-11-2.5(a)(10)  through
				329
				IAC 10-11-2.5(a)(13),
				329 IAC 10-15-2(b)(10)
				 and
				329 IAC
				10-15-2(b)(11),
				329 IAC 10-15-2(d)(4)(G)
				 through
				329 IAC
				10-15-2(d)(4)(L), and
				329 IAC
				10-15-12
[
				329
				IAC 10-11-2.5(a)(10)  through
				329
				IAC 10-11-2.5(a)(13),
				329 IAC 10-15-2(b)(10)
				 and
				329 IAC
				10-15-2(b)(11),
				329 IAC 10-15-2(d)(4)(G)
				 through
				329 IAC
				10-15-2(d)(4)(L), and
				329 IAC
				10-15-12 ]
. Approvals will be issued subject
				to the following schedule:
(1) Any owner,
				operator, or permittee of an MSWLF located in the counties of:
(A) Adams;
(B) Allen;
(C) Bartholomew;
(D) Benton;
(E) Blackford;
(F) Boone;
(G) Brown;
(H) Carroll;
(I) Cass;
(J) Clark;
(K) Clay;
(L) Clinton;
(M) Crawford;
(N) Daviess;
(O) Dearborn;
(P) Decatur;
(Q) Dekalb;
(R) Delaware;
(S) Dubois;
(T) Elkhart;
(U) Fayette;
(V) Floyd;
(W) Fountain;
(X) Franklin;
(Y) Fulton;
(Z) Gibson;
(AA) Grant; and
(BB) Greene;
in Indiana shall be issued an approval within sixty (60) days
				  of the receipt of all information required. The sixty (60) day period shall be
				  suspended from the date that a notice of deficiency has been issued by the
				  department to the owner, operator, or permittee until receipt by the department
				  of a complete and technically adequate response to the notice of
				  deficiency.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 10 - Transition Requirements of Municipal Solid Waste Landfill Siting, Design, and Closure › Section 10-2 - Pending applications

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-14; IC 13-20; IC 36-9-30
Sec. 2.
An owner, operator, or permittee of an MSWLF that is issued a
				  permit for a new facility or a major modification on or after April 1, 2004,
				  based upon an application received before that date, shall, within sixty (60)
				  days following issuance of the permit for a new facility or a major
				  modification, submit the following:
(1)
				Any necessary permit modification application to comply with this article, as
				amended on April 1, 2004, unless subdivision (2) is applicable.
(2) All information for the agency's
				approval, which includes the SWP3 and associated information as required in
				329
				IAC 10-11-2.5(a)(10)  through
				329
				IAC 10-11-2.5(a)(13),
				329 IAC 10-15-2(b)(10)
				 and
				329 IAC
				10-15-2(b)(11),
				329 IAC 10-15-2(d)(4)(G)
				 through
				329 IAC
				10-15-2(d)(4)(L), and
				329 IAC
				10-15-12
[
				329
				IAC 10-11-2.5(a)(10)  through
				329
				IAC 10-11-2.5(a)(13),
				329 IAC 10-15-2(b)(10)
				 and
				329 IAC
				10-15-2(b)(11),
				329 IAC 10-15-2(d)(4)(G)
				 through
				329 IAC
				10-15-2(d)(4)(L), and
				329 IAC
				10-15-12 ]
. The submission must include all
				required information.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 10 - Transition Requirements of Municipal Solid Waste Landfill Siting, Design, and Closure › Section 10-3 - New and existing municipal solid waste landfill units

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) A new
				MSWLF unit for which a construction certification was submitted after January
				1, 1997, must comply with the subsections of 329 IAC 10-16 and 329 IAC 10-17
				that are applicable to the unit.
(b) A MSWLF unit that:
(1) is constructed before the effective date
				of this article;
(2) submits a
				construction certification before January 1, 1997; and
(3) has not received waste in a constructed
				area of two (2) acres or less on January 1, 1998; may continue to be filled to
				the permitted elevation.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 11 - Application Procedure for All Solid Waste Land Disposal Facilities › Section 11-1 - Permit requirements

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-15-7; IC 13-18; IC 13-26; IC
				  36-9-30-35
Sec. 1.
(a) Unless
				excluded by
				329 IAC
				10-3-1 or
				329 IAC
				10-3-2, and except for activities related to open
				dumps under
				329 IAC
				10-4-4, and as otherwise provided in 329 IAC 10-5, any
				person who disposes of solid waste shall have a solid waste land disposal
				facility permit prior to construction and disposal.
(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 notify the commissioner of the change within fifteen (15) days and submit
				corrected information within a reasonable period of time.
(c) The commissioner may deny a permit
				application, including a renewal permit, or place conditions on a permit for
				the following:
(1) The applicant has been
				convicted of a crime under IC 13-30-10
[IC 13-30-6 was repealed by
				P.L.
				137-2007,
				SECTION
				37, effective July 1, 2007.]
or IC
				36-9-30-35.
(2) The commissioner,
				under IC 13-15-7, has revoked the applicant's previous permit to operate under:
(A) this article;
(B) 329 IAC 1.5, which was repealed in 1989;
				or
(C) 329 IAC 2, which was
				repealed in 1996.
(3)
				The applicant is, at the time of the application or permit decision, not in
				compliance with the Environmental Protection Acts or regulations promulgated
				thereunder, or has a history of repeated violations of the Acts or regulations
				or material permit conditions that evidence an inability or unwillingness to
				comply with requirements of this article or a facility permit.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 11 - Application Procedure for All Solid Waste Land Disposal Facilities › Section 11-2.1 - Permit application requirements; general

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1
Affected: IC 4-21.5-3-5; IC 13-14-11-3; IC 13-19-4; IC
				  13-20-21; IC 36-7-4; IC 36-9-30
Sec. 2.1.
(a) An
				application for:
(1) any solid waste land
				disposal facility permit, including renewals; or
(2) a modification to a solid waste land
				disposal facility permit, excluding insignificant modifications;
must be submitted to the commissioner on permit application
				  forms provided by the commissioner in a format specified by the commissioner.
				  All narrative, plans, and other support documentation accompanying the
				  application must also be submitted in a format specified by the
				  commissioner.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 11 - Application Procedure for All Solid Waste Land Disposal Facilities › Section 11-2.5 - Permit application for new land disposal facility and lateral expansions

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 4-21.5-3-5; IC 13-11-2-265; IC 13-14-11-3; IC
				  13-20-21; IC 14-31-1; IC 36-7-4; IC 36-9-30
Sec. 2.5.
(a) In
				addition to the application requirements given in section 2.1 of this rule, a
				complete application for a solid waste land disposal facility permit or for a
				major modification of a solid waste land disposal facility permit for a lateral
				expansion must include all the following information:
(1) Detailed plans and design specifications
				as required by:
(A)
											329
				IAC 10-15 through
				329
				IAC 10-19 and
				329
				IAC 10-22, as applicable;
(B)
											329
				IAC 10-24 through
				329
				IAC 10-27 and
				329
				IAC 10-30, as applicable; or
(C)
											329
				IAC 10-32 through
				329
				IAC 10-35 and
				329
				IAC 10-37, as applicable.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 11 - Application Procedure for All Solid Waste Land Disposal Facilities › Section 11-3 - 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
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 unit of
				government or state, by the executive of the unit.
(4) For a federal or other public agency, by
				either:
(A) a principal executive officer or
				ranking elected official; or
(B) 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 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 11 - Application Procedure for All Solid Waste Land Disposal Facilities › Section 11-4.1 - Application for vertical expansions

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-18; IC 13-20-21; IC 36-9-30
Sec. 4.1.
(a) In
				addition to the application requirements given at section 2.1 of this rule, a
				complete application for major modification of a solid waste land disposal
				facility permit involving only a vertical expansion must include all the
				information and documentation required at
				329
				IAC 10-18-1 for MSWLFs and at
				329
				IAC 10-26-3 for non-MSWLFs.
(b) In addition to the application
				requirements given at subsection (a) and section 2.1 of this rule, a complete
				application for a vertical expansion of a solid waste land disposal facility
				permit involving only a minor modification must include the name and address of
				all owners or last taxpayers of record of property of adjoining land that is
				within one-half (1/2) mile of the solid waste boundary.
(c) Fees must be submitted with the
				application in accordance with IC 13-20-21.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 11 - Application Procedure for All Solid Waste Land Disposal Facilities › Section 11-5.1 - Renewal permit application

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-20-21; IC 36-9-30
Sec. 5.1.
(a) In
				addition to the application requirements given at section 2.1 of this rule,
				excluding section 2.1(c)(3) of this rule, a complete application for a renewal
				of a solid waste land disposal facility permit must include all the following
				information:
(1) The name and address of all
				owners or last taxpayers of record of property of adjoining land that is within
				one-half (1/2) mile of the solid waste boundary.
(2) The operation permit number of the solid
				waste land disposal facility.
(3)
				The number of acres permitted for waste disposal.
(4) A topographic plot plan that reflects the
				current condition of the solid waste land disposal facility and current
				elevations taken within twelve (12) months of the submittal of the application
				and accurately identifies the following information to a scale as required by
				329 IAC
				10-15-2(a),
				329 IAC
				10-24-2(a), or
				329 IAC
				10-32-2(a):
(A) Areas of final cover, including certified
				closed area, and type of final cover.
(B) Filled areas lacking final cover,
				grading, and seeding.
(C) Current
				areas of operation.
(D) Projected
				solid waste disposal areas on a per year basis for the next five (5)
				years.
(5) A copy of the
				latest approved final contour plot plan with scale, as required by
				329 IAC
				10-15-2(a).
(6) A copy of the latest approved subgrade
				contours or the uppermost contour of the soil liner.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 11 - Application Procedure for All Solid Waste Land Disposal Facilities › Section 11-6 - Minor modification applications

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3; IC
				  13-20-1
Affected: IC 13-20-1; IC 13-21-5; IC 36-9-30
Sec. 6.
(a) In
				addition to the application requirements given at section 2.1 of this rule,
				excluding section 2.1(b)(10) of this rule, adequate information must be
				included in an application for a minor modification of a solid waste land
				disposal facility permit to demonstrate that the minor modification will be
				protective of human health and the environment. The commissioner shall
				determine the information adequate based on the type of minor modification
				requested by the facility.
(b) In
				addition to the requirements in subsection (a), the application must also
				include the name and address of all owners or last taxpayers of record of
				property of adjoining land that is within one-half (1/2) mile of the solid
				waste boundary.
(c) Fees must be
				submitted with the application in accordance with IC 13-20-21.
(d) Borrow pits owned by the owner, operator,
				or permittee and not permitted by the department before April 1, 2004, must be
				included in the facility permit through application for minor modification on
				application forms provided by the commissioner. This requirement includes a
				borrow pit:
(1) owned by the owner, operator,
				or permittee;
(2) not permitted by
				the department before April 1, 2004; and
(3) located on-site or on property adjoining
				the facility.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 11 - Application Procedure for All Solid Waste Land Disposal Facilities › Section 11-6.5 - Research, development, and demonstration minor modification application

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. 6.5.
(a) Except
				as provided in subsection (f), the commissioner may issue a minor modification
				for research, development, and demonstration for a new MSWLF, existing MSWLF,
				or lateral expansion for which the owner or operator proposes to utilize
				innovative and new methods that vary from either or both of the following
				criteria provided that the MSWLF has a leachate collection system designed and
				constructed to maintain less than twelve (12) inches depth of leachate on the
				liner and an active gas extraction system, which is designed to extract or
				recover at least sixty percent (60%) of the total volume of the landfill gas
				produced or generated at the MSWLF:
(1) The
				run-on control system in
				329
				IAC 10-20-11(a)(1).
(2) The liquids restrictions in
				329 IAC
				10-20-27.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 11 - Application Procedure for All Solid Waste Land Disposal Facilities › Section 11-7 - Demonstration and determination of need requirements

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15; IC 13-19-3; IC 13-20-1
Affected: IC 13-18; IC 13-20-1; IC 13-21-5; IC 36-9-30
Sec. 7.
(a) This
				section applies to all permits for new solid waste land disposal facilities or
				major modifications of permits submitted after March 20, 1990, except those
				solid waste land disposal facilities exempt under IC 13-20-1.
(b) In accordance with subsection (a) and in
				addition to other permit application requirements outlined in this article, the
				following are also required:
(1) A description
				of the anticipated area that would be served by the solid waste land disposal
				facility as indicated by the following:
(A)
				Solid waste management districts or portions of districts.
(B) A county, multiple counties, or portions
				of counties.
(C) A county or
				multiple counties and the state if the area includes portions outside of
				Indiana.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 11 - Application Procedure for All Solid Waste Land Disposal Facilities › Section 11-8 - Solid waste 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. 8.
(a) The
				application fees for solid waste permits are as follows:
Fee
Construction/Demolition Site
$20,000
Restricted Waste
Type I
$31,000
Type II
$31,000
Type III
$20,000
Incinerator
$28,650
Municipal or Nonmunicipal Solid Waste
							 Landfill
$53,975
Permit Renewal
Construction/Demolition Site
$12,330
Restricted Waste
Type I
$26,500
Type II
$26,500
Type III
$12,330
Incinerator
$10,175
Municipal or Nonmunicipal Solid Waste
							 Landfill
$26,500
Minor Modification
Minor Modification
$4,300
(b)
				The annual operation fees for solid waste facilities are as follows:
Annual Operation Fees
Fee
Municipal or Nonmunicipal Solid Waste
							 Landfill
Greater than 500 Tons Per Day (TPD)
$45,000
250-499 TPD
$25,900
100-249 TPD
$12,070
Less than 100 TPD
$3,450
Construction\Demolition Site
$2,590
Restricted Waste Site
Type I
$41,250
Type II
$35,000
Type III
$15,000
Incinerator
Greater than 500 TPD
$40,000
250-499 TPD
$15,000
100-249 TPD
$7,000
Less than 100 TPD
$2,000
Infectious Waste Incinerator (Greater than 7
							 TPD)
$5,000
Groundwater Compliance Sampling (per
							 well)
$400
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 12 - Actions for Permit and Renewal Permit Application › Section 12-1 - Public process for new solid waste land disposal facility permits; major permit modifications; minor permit modifications

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3; IC
				  13-20-1
Affected: IC 5-3-1-2; IC 5-3-1-6; IC 5-3-2; IC 13-15-3-3; IC
				  13-20; IC 36-9-30
Sec. 1.
(a) A person
				submitting an application for one (1) of the following shall submit an
				affidavit as required by
				329
				IAC 10-11-2.5(a)(19)  and shall make
				notice as required in subsection (b):
(1) A
				new solid waste land disposal facility permit.
(2) A major modification for a lateral
				expansion permit or a vertical expansion permit.
(3) A minor modification permit for an
				acreage expansion that would not:
(A)
				increase the facility's permitted capacity to dispose of solid waste by the
				lesser of:
(i) more than ten percent (10%);
				or
(ii) five hundred thousand
				(500,000) cubic yards; or
(B) in an acreage expansion, increase the
				area within the permitted solid waste boundary by more than one (1)
				acre.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 12 - Actions for Permit and Renewal Permit Application › Section 12-2 - Application review

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-15-4; IC 13-18; IC 13-20-8; IC 36-9-30
Sec. 2.
(a) Time
				periods for determination on permit application are under IC 13-15-4.
(b) Procedures for application review are
				under IC 13-15-4.
(c) Remedies are
				under IC 13-15-4.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 13 - Permit Issuance and Miscellaneous Provisions › Section 13-1 - Issuance procedures; original permits

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-11; IC 13-12; IC 13-13; IC 13-14-8; IC 13-16;
				  IC 13-17; IC 13-19; IC 13-20; IC 13-21; IC 13-22; IC 13-23; IC 13-24; IC 13-25;
				  IC 13-26; IC 13-27; IC 13-29; IC 13-30-2; IC 36-9-30
Sec. 1.
(a) The
				department shall comply with the procedural requirements of IC 13-15-3, IC
				13-15-5, and IC 13-15-6 pertaining to public notice, public comment, and public
				hearing for an application for a permit for a solid waste land disposal
				facility regulated under IC 13-19-3.
(b) Subject to the provision of
				329 IAC
				10-11-1(c), if the department
				determines that the permit application meets the requirements of this article,
				and that the solid waste land disposal facility will be constructed and
				operated in accordance with the requirements of this article and the applicant
				is otherwise in compliance with the environmental statutes of Indiana, the
				permit will be granted. The department may impose such conditions in a permit
				as may be necessary to:
(1) comply with the
				requirements of this article, IC 13-11 through IC 13-30, and IC 36-9-30;
				or
(2) protect the public health or
				the environment.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 13 - Permit Issuance and Miscellaneous Provisions › Section 13-2 - Issuance procedures; renewal permits

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-18; IC 13-20-8; 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 13-15-3, IC 13-15-5, and IC 13-15-6 for
				a renewal permit of a solid waste land disposal facility regulated under IC
				13-19-3.
(2) The commissioner shall
				review the application to determine whether the solid waste land disposal
				facility or the operation is in compliance with the plans and specifications 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
				10-20, 329 IAC 10-28, or 329 IAC 10-36 as appropriate; and
(B) any prior or existing permit
				conditions.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 13 - Permit Issuance and Miscellaneous Provisions › Section 13-3 - Duration of permits

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-15-3-2; IC 13-15-7-1; IC 13-18; 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 in accordance with IC 13-15-3-2. 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 and IC 13-15-7-1.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 13 - Permit Issuance and Miscellaneous Provisions › Section 13-4 - 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
Affected: IC 13-30-2; IC 36-9-30
Sec. 4.
(a) The
				issuance of a permit does not:
(1) convey any
				property rights of any sort or any exclusive privileges to the
				permittee;
(2) authorize:
(A) any injury to any person or private
				property;
(B) invasion of other
				private rights; or
(C) 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 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 13 - Permit Issuance and Miscellaneous Provisions › Section 13-5 - Transferability of permits; change of ownership interest

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3; IC
				  13-19-4-10
Affected: IC 13-14-8; IC 13-15-1-3; IC 13-15-7; IC 13-19-4;
				  IC 36-9-30-35
Sec. 5.
(a) A permit
				may be transferred to another person by the permittee, without the need for a
				new permit or 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.
(b) Along with the
				notification form, the permittee must provide the following:
(1) A disclosure statement meeting the
				requirements of IC 13-19-4-2(1) or IC 13-19-4-2(2) executed by the transferee
				and each person who is a responsible party with respect to the transferee,
				unless IC 13-19-4-2 does not apply under the provisions of IC
				13-19-4-1(b).
(2) A written
				agreement containing a specific date of transfer of permit
				responsibility.
(3) Proof of
				financial responsibility of the transferee as provided in 329 IAC 10-39, if
				required by the commissioner.
(4)
				Proof that the transferee is, or will be, the owner of the real property on
				which the facility is located, or proof that the property is, or will be,
				leased to the transferee.