reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 1 - Purpose and Applicability › Section 1-1 - Purpose

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  5-14-3; IC
				  13-14-11-5
Sec. 1.
The purpose of this article is to provide the
				  following:
(1) The policy of the solid
				waste management board, to be followed by the department, in making public
				records available for public review and copying in accordance with IC
				5-14-3 unless the information is
				determined to be confidential.
(2)
				The provisions for protecting legitimate interests in the confidentiality of
				certain information.
(3) The
				criteria to be used for determining the legitimacy of confidentiality claims in
				accordance with IC
				5-14-3.
(4) The procedures that the commissioner
				shall use in making determinations on the confidentiality of
				information.
(5) The form of
				confidentiality agreements required by IC
				13-14-11-5
				from employees of the department and from persons under contract to the
				department.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 1 - Purpose and Applicability › Section 1-2 - Applicability

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  13-14-11
Sec. 2.
This article applies to the following:
(1) Information received on or after the
				effective date of this article from a person requesting confidential treatment
				of that information. The information may be either:
(A) treated as a single unit of information
				even if the information is comprised of a collection of individual items of
				information; or
(B) separated into
				two (2) or more categories to afford different treatment to the information in
				each category because the claim covers only a portion of the
				information.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-1 - Definitions

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  13-11-2
Sec. 1.
The definitions in this rule apply throughout this
				  article.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-2 - "Available to the public" defined

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-19-3
Affected: IC 5-14-3
Sec. 2.
"Available to the public" means a public record, as defined
				  by IC 5-14-3, but excluding public records described in
				  329 IAC
				  6.1-3-1(b), that the department shall
				  furnish to any member of the public upon request, or may otherwise make
				  public.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-3 - "Board" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  13-11-2-17
Sec. 3.
"Board" means the solid waste management
				  board.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-4 - "Claim of confidentiality" or "claim" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  5-14-3-4;
				  IC 13-14-11
Sec. 4.
"Claim of confidentiality" or "claim" means a claim or
				  assertion that information be treated as confidential because the information
				  is excepted from disclosure under IC
				  5-14-3-4(a)
				   or IC
				  5-14-3-4(b).
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-5 - "Commissioner" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  13-11-2-35
Sec. 5.
"Commissioner" means the commissioner of the
				  department.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-6 - "Contractor" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  13-14-11
Sec. 6.
"Contractor" means:
(1) any:
(A)
				person;
(B) association;
(C) partnership;
(D) corporation;
(E) business;
(F) educational institution;
(G) governmental body; or
(H) other entity;
performing work under contract as an authorized
				  representative of the department; and
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-7 - "Department" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  13-11-2-51
Sec. 7.
"Department" means the department of environmental
				  management.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-8 - "Information" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  5-14-3; IC
				  13-14-11
Sec. 8.
"Information" means any of the following, regardless of
				  physical form or characteristics, without limitation:
(1) Written or printed material.
(2) Data processing card decks, printouts,
				and tapes.
(3) Maps.
(4) Charts.
(5) Paintings.
(6) Photographs.
(7) Drawings.
(8) Engravings.
(9) Sketches.
(10) Samples.
(11) Working notes and papers.
(12) Reproductions of such things by any
				means or process.
(13) Sound,
				voice, or electronic recordings in any form, in the possession of the
				department by which knowledge has been preserved and may be
				retrieved.
(14) Any other
				material.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-9 - "Person" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  13-11-2-158
Sec. 9.
"Person" has the meaning set forth in IC
				  13-11-2-158(a).
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-10 - "Public record" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  5-14-3-2
Sec. 10.
"Public record" has the meaning set forth in IC
				  5-14-3-2.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 2 - Definitions › Section 2-11 - "Trade secret" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  24-2-3-2
Sec. 11.
"Trade secret" has the meaning set forth in IC
				  24-2-3-2.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 3 - Access to Public Records › Section 3-1 - Access to public records

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  5-14-3-4;
				  IC
				  5-14-3-8; IC
				  13-14-11
Sec. 1.
(a) The
				provisions of IC
				5-14-3 apply to all public records.
				All information received by the department is considered a public
				record.
(b) Public records are
				available to the public, except for any of the following public records:
(1) Received under or supporting a claim of
				confidentiality.
(2) Under review
				or appeal to determine if confidential under IC
				5-14-3-4(a)
				 or IC
				5-14-3-4(b).
(3) The commissioner has determined to be
				confidential under IC
				5-14-3-4(a)
				 or IC
				5-14-3-4(b).
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 4 - Confidentiality Claims › Section 4-1 - Confidentiality claims

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-19-3
Affected: IC 5-14-3-4; IC 13-14-11-3; IC 24-2-3-2
Sec. 1.
(a) A person
				submitting information to the department for which confidential treatment is
				requested shall make a written claim of confidentiality under subsections (c)
				and (d) at the time of submittal of the information.
(b) A person may request confidential
				treatment of information at the time the information is acquired through the
				actions of the department, such as inspections. The written claim for
				confidential treatment may be broad, but must be sufficiently clear to allow
				for accurate identification of the information claimed to be confidential. The
				supporting information required under subsection (d) must be submitted to the
				commissioner within five (5) working days from the time the information claimed
				as confidential is acquired by the department.
(c) A person submitting a claim of
				confidentiality shall designate and segregate the information and the
				supporting information to which the claim applies in a manner that is
				sufficiently clear to allow the department to identify all confidential claim
				materials. One (1) of the following methods shall be used to indicate that the
				information and any of the supporting information under subsection (d) is
				claimed as confidential:
(1) Attaching a cover
				sheet instructing which information is to be treated as confidential.
(2) Marking each page or item of information
				as:
(A) confidential;
(B) confidential claim material;
(C) trade secrets; or
(D) confidential business
				information.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 5 - Determinations on Claim of Confidentiality › Section 5-1 - Determinations

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC 4-21.5; IC
				  5-14-3; IC
				  13-14-11
Sec. 1.
The commissioner shall make a determination on a claim of
				  confidentiality submitted after the effective date of this article in
				  accordance with this article. The determination shall be made in accordance
				  with IC
				  5-14-3-4
				  and IC 13-14-11.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 5 - Determinations on Claim of Confidentiality › Section 5-2 - Request for additional supporting information

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-19-3
Affected: IC 4-21.5-3-1; IC 13-14-11
Sec. 2.
(a) The
				commissioner may request additional supporting information regarding a claim of
				confidentiality. Any additional supporting information claimed as confidential
				shall be treated as confidential until the commissioner makes a determination
				as required by section 1 of this rule.
(b) If the commissioner intends to make a
				determination to deny a claim of confidentiality, the commissioner shall notify
				the person in writing by certified mail, with return receipt requested, stating
				the following:
(1) Additional supporting
				information shall be submitted in accordance with
				329 IAC
				6.1-4-1(c).
(2) The person has fifteen (15) days from the
				date of receipt of the notice to respond.
(3) A submission shall be completed in the
				time frames and by the methods specified by IC
				4-21.5-3-1
				(h). The person shall notify the department by telephone or facsimile within
				the fifteen (15) day period under subdivision (2) that additional supporting
				information has been mailed or deposited with a private carrier.
(4) Failure to submit any additional
				supporting information within fifteen (15) days under subdivision (2) or within
				the time allowed under subsection (d) to provide additional information in
				support of the claim shall result in a determination based on the information
				and any supporting information already received.
(5) Any additional supporting information
				claimed as confidential shall be treated as confidential until the commissioner
				makes a determination as required by section 1 of this rule.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 5 - Determinations on Claim of Confidentiality › Section 5-3 - Approval determination

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-19-3
Affected: IC 4-21.5; IC 13-14-11
Sec. 3.
(a) If the
				commissioner determines that the information shall be held confidential for the
				full period requested by the person who made the claim under
				329 IAC
				6.1-4-1(d), the commissioner shall do
				all of the following:
(1) Notify the person
				in writing of the determination.
(2) Maintain the information as confidential
				for the period requested under
				329 IAC 6.1-4-1(d)
				 unless ordered by a court of competent
				jurisdiction to permit access to the information for inspection and
				copying.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 5 - Determinations on Claim of Confidentiality › Section 5-4 - Denial of claim

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-19-3
Affected: IC 4-21.5; IC 13-14-11
Sec. 4.
If the commissioner determines that the information is not
				  confidential based on 329 IAC 6.1-4, the commissioner shall notify the person
				  who submitted the claim of such determination. The notification shall be in
				  writing, sent certified mail, with return receipt requested, and must state the
				  following:
(1) The basis for the
				determination.
(2) Notice that the
				person may appeal the commissioner's determination.
(3) The procedure for appealing the
				commissioner's determination, including the time period provided by IC
				4-21.5.
(4) Notice that, if the
				determination is timely appealed, the information shall be treated as
				confidential until the petition for review is denied or the commissioner is
				ordered not to treat the information as confidential.
(5) Notice that, unless the person timely
				appeals the determination, the information shall become available to the
				public.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 5 - Determinations on Claim of Confidentiality › Section 5-5 - Modification of determinations

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  5-14-3; IC
				  13-14-11
Sec. 5.
(a) The
				commissioner's determination that information is confidential shall continue in
				effect for the period of time specified in the determination under section 3 of
				this rule unless the commissioner issues a revised determination stating that
				the determination under section 1 of this rule no longer accurately describes
				the information's confidentiality due to any of the following:
(1) Change in applicable law.
(2) Newly-discovered or changed
				facts.
(3) A clearly erroneous
				previous determination.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 6 - Appeals › Section 6-1 - Administrative appeal

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  4-21.5-3
Sec. 1.
An appeal of a determination shall be:
(1) in accordance with IC
				4-21.5-3 and rules of the office of
				environmental adjudication; and
(2)
				made by filing a written petition for review with the office of environmental
				adjudication in accordance with IC
				4-21.5-3. A copy of the petition
				shall be served on the commissioner concurrent with such filing.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 6 - Appeals › Section 6-2 - Judicial review

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  4-21.5-5
Sec. 2.
Judicial review of a final order of the environmental law
				  judge shall be in accordance with IC
				  4-21.5-5.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 7 - Authorized Disclosure of Confidential Information › Section 7-1 - Authorized disclosure of confidential information

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  13-14-11-6
Sec. 1.
Confidential information may be disclosed by the department
				  only in accordance with IC
				  13-14-11-6.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 8 - Wrongful Disclosure Penalties › Section 8-1 - Wrongful disclosure penalties

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC 4-15; IC
				  5-14-3-3;
				  IC
				  5-14-3-10;
				  IC 13-14-11; IC
				  35-50-3-2
Sec. 1.
Penalties for wrongful disclosure of confidential
				  information are contained in IC
				  5-14-3-10.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 6.1 - PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS › Rule 9 - Confidentiality Agreements › Section 9-1 - Confidentiality agreements

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-19-3
Affected: IC
				  5-14-3-10;
				  IC
				  13-14-11-5
Sec. 1.
(a) Persons
				employed, contracted, or subcontracted by the department, prior to accessing or
				being granted access to confidential information, must execute a
				confidentiality agreement enforceable by:
(1)
				the state; and
(2) the submitter of
				the information.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 7.1 - PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES › Rule 1 - General Provisions; Definitions › Section 1-1 - Applicability and scope

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3; IC
				  13-23-13-7;
				  IC 13-24-1; IC
				  13-25-4-7
Affected: IC 13-25-4
Sec. 1.
(a) This
				article applies to hazardous substances response sites not on the National
				Priorities List ( 40 CFR 300, Appendix B), not in the leaking underground
				storage tank program, or not in any other departmental corrective action or
				remediation program, for which action by the commissioner may be required to:
(1) prevent the release of a listed or
				characteristic hazardous waste, a hazardous substance, petroleum, petroleum
				constituent, or contaminant;
(2)
				control, contain, isolate, neutralize, remove, store, or dispose of a listed or
				characteristic hazardous waste or a hazardous waste constituent, a hazardous
				substance or hazardous substance constituent, petroleum, petroleum constituent,
				or contaminant already released into or on the air, land, or waters of this
				state; or
(3) provide another
				appropriate response.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 7.1 - PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES › Rule 1 - General Provisions; Definitions › Section 1-2 - Purpose

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3; IC
				  13-23-13-7;
				  IC 13-24-1; IC
				  13-25-4-7
Affected: IC 13-25-4
Sec. 2.
This article sets forth criteria and procedures for
				  establishing a priority ranking system (PRS) by the commissioner for hazardous
				  substances response sites in order that those hazardous substances response
				  sites believed to pose the most significant threat to human health or
				  environment are scheduled first for response and for allocation of department
				  resources.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 7.1 - PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES › Rule 2 - Definitions › Section 2-1 - Definitions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3; IC
				  13-23-13-7;
				  IC 13-24-1; IC
				  13-25-4-7
Affected: IC 13-11-2; IC 13-25-4
Sec. 1.
The definitions in IC 13-11-2 and this rule apply throughout
				  this article.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 7.1 - PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES › Rule 2 - Definitions › Section 2-2 - "Community water system" defined

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1;
				  IC 13-25-4-7
Affected: IC 13-25-4
Sec. 2.
"Community water system" has the meaning set forth in
				  327 IAC
				  8-2-1(8).
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 7.1 - PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES › Rule 2 - Definitions › Section 2-3 - "Ecologically sensitive area" defined

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3; IC
				  13-23-13-7;
				  IC 13-24-1; IC
				  13-25-4-7
Affected: IC 13-25-4
Sec. 3.
"Ecologically sensitive area" means an area with special
				  habitats where the effects of contamination on nonhuman receptors must be
				  considered. The term includes the following:
(1) National and state parks, forests, and
				wildlife refuges.
(2) Designated
				state nature preserves and other state protected areas.
(3) Critical habitats for endangered or
				threatened species, or species of special concern.
(4) Prairie areas.
(5) Dune areas.
(6) Surface waters of the state, including
				wetlands and free flowing underground streams.
(7) Riparian areas.
(8) Breeding areas for:
(A) nesting birds;
(B) aquatic birds;
(C) aquatic mammals;
(D) amphibians; or
(E) reptiles.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 7.1 - PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES › Rule 2 - Definitions › Section 2-4 - "Free product" defined

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3; IC
				  13-23-13-7;
				  IC 13-24-1; IC
				  13-25-4-7
Affected: IC 13-25-4
Sec. 4.
"Free product" means a substance that is present as a
				  nonaqueous phase liquid or a material at a hazardous substances response site
				  that is in excess of the material's solubility limit.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 7.1 - PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES › Rule 2 - Definitions › Section 2-5 - "Geologically sensitive area" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-19-3; IC
				  13-23-13-7;
				  IC 13-24-1
Affected: IC
				  13-12-3-2;
				  IC 13-25-4
Sec. 5.
"Geologically sensitive area" is characterized by conditions
				  that allow contaminants to migrate away from the source area in such a manner
				  that invalidates the assumptions of the soil-to-ground water partitioning model
				  used to calculate the risk based remediation standards under IC
				  13-12-3-2.
				  The term includes a karst area or a wellhead protection area.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 7.1 - PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES › Rule 2 - Definitions › Section 2-6 - "Hazardous substances response site" defined

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3; IC
				  13-23-13-7;
				  IC 13-24-1; IC
				  13-25-4-7
Affected: IC 13-25-4
Sec. 6.
"Hazardous substances response site" or "site" means the
				  location of a release or threat of release of a listed or characteristic
				  hazardous waste or a hazardous waste constituent, a hazardous substance or
				  hazardous substance constituent, petroleum or petroleum constituent, or
				  contaminants.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 7.1 - PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES › Rule 2 - Definitions › Section 2-7 - "Maximum contamination level" or "MCL" defined

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3; IC
				  13-23-13-7;
				  IC 13-24-1; IC
				  13-25-4-7
Affected: IC 13-25-4
Sec. 7.
"Maximum contamination level" or "MCL" means the levels
				  developed under Section 1412 of the Safe Drinking Water Act, codified under 40
				  CFR 141.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 7.1 - PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES › Rule 2 - Definitions › Section 2-8 - "Notification of release" defined

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1;
				  IC 13-25-4-7
Affected: IC 13-25-4
Sec. 8.
"Notification of release" means any of the following
				  received by the department:
(1) An
				initial incident report or spill report as required by
				327 IAC
				2-6.1.
(2)
				An initial site characterization (ISC).
(3) Further site investigation
				(FSI).
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 7.1 - PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES › Rule 2 - Definitions › Section 2-9 - "No further action letter" defined

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-19-3; IC
				  13-23-13-7;
				  IC 13-24-1; IC
				  13-25-4-7
Affected: IC
				  13-12-3-2;
				  IC 13-25-4
Sec. 9.
"No further action letter" means a letter stating one (1) of
				  the following:
(1) IDEM determines the
				site:
(A) meets the risk based remediation
				standards under IC
				13-12-3-2
				based on all the information available to the department; or
(B) does not meet the risk based remediation
				standards under IC
				13-12-3-2
				and an environmental restrictive covenant is placed on the site and recorded
				with the appropriate county office of the recorder; and no further action is
				warranted or necessary.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 7.1 - PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES › Rule 2 - Definitions › Section 2-10 - "Off-site" defined

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3; IC
				  13-23-13-7;
				  IC 13-24-1; IC
				  13-25-4-7
Affected: IC 13-25-4
Sec. 10.
"Off-site" means all areas outside of the property boundary
				  or the boundary of properties where a release of a listed or characteristic
				  hazardous waste or a hazardous waste constituent, a hazardous substance or
				  hazardous substance constituent, petroleum or petroleum constituent, or
				  contaminants has occurred.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 7.1 - PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES › Rule 2 - Definitions › Section 2-11 - "On-site" defined

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3; IC
				  13-23-13-7;
				  IC 13-24-1; IC
				  13-25-4-7
Affected: IC 13-25-4
Sec. 11.
"On-site" means all areas within the property boundary or
				  the boundary of properties where a release occurred of a listed or
				  characteristic hazardous waste or a hazardous waste constituent, a hazardous
				  substance or hazardous substance constituent, petroleum or petroleum
				  constituent, or contaminants has occurred.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 7.1 - PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES › Rule 2 - Definitions › Section 2-12 - "Remediation work plan" defined

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3; IC
				  13-23-13-7;
				  IC 13-24-1; IC
				  13-25-4-7
Affected: IC 13-25-4
Sec. 12.
"Remediation work plan":
(1) means a plan of action proposed to the
				department by the responsible person; and
(2) stating, in detail, the:
(A) steps;
(B) procedures; and
(C) methods; that will be taken to remediate
				the site, including a timeline for those steps.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 7.1 - PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES › Rule 3 - Incorporation by Reference › Section 3-1 - Incorporation by reference

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3; IC
				  13-23-13-7;
				  IC 13-24-1; IC
				  13-25-4-7
Affected: IC 13-25-4
Sec. 1.
For purposes of this article, 40 CFR 300, Appendix B*,
				  National Oil and Hazardous Substance Pollution Contingency Plan (hereinafter
				  "National Contingency Plan") is incorporated by reference.
*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 7.1 - PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES › Rule 4 - Assessment of Hazardous Substances Response Sites › Section 4-1 - Ranking

Current through July 10, 2024
Authority: IC
				  13-12-3-2;
				  IC 13-14-8; IC
				  13-19-3; IC
				  13-23-13-7;
				  IC 13-24-1; IC
				  13-25-4
Affected: IC
				  13-12-3-2;
				  IC 13-25-4
Sec. 1.
(a) The
				department shall utilize an objective method to assess, on the basis of
				available information, the relative potential threat to human health or the
				environment from hazardous substances response sites or releases. The method
				used to assess hazardous substances response sites or releases will be called
				the priority ranking system (PRS).
(b) After the department receives the
				notification of release, the site or release will be prioritized under the PRS
				and placed in the appropriate priority as follows:
(1) If the department determines, based on
				the notification of a release submitted to the department, that one (1) of the
				following has occurred, then the site or release is considered a high priority:
(A) Vapors from a listed or characteristic
				hazardous waste, a hazardous substance, petroleum, petroleum constituent, or
				contaminant are detected in a habitable structure or other structure such as a
				utility conduit, storm sewer, or sanitary sewer at a level that exceeds:
(i) the chronic, long term risk-based
				exposure for a contaminant of concern; or
(ii) ten percent (10%) of the contaminant of concern's lower
				explosive limit (LEL).
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 7.1 - PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES › Rule 5 - Transition › Section 5-1 - Transition to the prioritization procedure under this rule

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3; IC 13-23-13-7; IC 13-24-1;
				  IC 13-25-4-7
Affected: IC 13-25-4
Sec. 1.
All hazardous substances response sites or releases will be
				  prioritized according to
				  329 IAC
				  7.1-4 within one hundred eighty (180) days of the
				  effective date of this article.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 7.1 - PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES › Rule 6 - Reprioritization › Section 6-1 - Reprioritization of sites or releases

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3; IC
				  13-23-13-7;
				  IC 13-24-1; IC
				  13-25-4-7
Affected: IC 13-25-4
Sec. 1.
(a) The
				ranking of sites or releases under the PRS will be a dynamic process, and the
				rank may be subject to change based on:
(1)
				site circumstances;
(2) receipt of
				additional information; or
(3)
				other relevant factors.
However, the partial implementation of remedial action at
				  sites selected for such action will not be considered alone as a circumstance
				  requiring a reprioritization of the site.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 7.1 - PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES › Rule 7 - Completion of Remediation › Section 7-1 - Completion of remediation

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3; IC
				  13-23-13-7;
				  IC 13-24-1; IC
				  13-25-4-7
Affected: IC 13-25-4
Sec. 1.
Upon the completion of remediation at a site as determined
				  by the commissioner, the commissioner will provide a no further action letter
				  to the:
(1) owner of the site;
				or
(2) person responsible for
				remediation of the release.
Sites that are issued a no further action letter will no
				  longer have a priority ranking.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 7.1 - PRIORITY RANKING SYSTEM FOR HAZARDOUS SUBSTANCES RESPONSE SITES › Rule 8 - Hazard Removals › Section 8-1 - Hazard removals

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3; IC
				  13-23-13-7;
				  IC 13-24-1; IC
				  13-25-4-7
Affected: IC 13-25-4
Sec. 1.
Irrespective of whether a hazardous substances response site
				  has been prioritized under the PRS, the commissioner may at any time undertake
				  or order removal action at any hazardous substances response site if such
				  action is consistent with the National Contingency Plan.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 8 - HOUSEHOLD HAZARDOUS WASTE GRANTS PROGRAM › Rule 1 - Purpose › Section 1-1 - Purpose

Current through July 10, 2024
Authority: IC
				  13-20-20-13
Affected: IC
				  13-20-20
Sec. 1.
The purpose of this program is to provide matching grants
				  for local units of government and solid waste districts to establish a
				  household hazardous waste collection and disposal program. This includes
				  developing education programs to reduce generation of household hazardous waste
				  or reduce quantity of household hazardous waste for disposal; to inform the
				  public of nonhazardous and nontoxic substitutes for household hazardous
				  products; and to promote proper handling, storage, and disposal of household
				  hazardous waste. The department may award a grant under this article to an
				  eligible unit or district that has developed a household hazardous waste
				  collection and disposal program that does the following:
(1) Provides educational literature
				describing the hazards associated with household hazardous waste.
(2) Utilizes a licensed hazardous waste
				transportation service to collect, handle, pack, transport, and dispose of
				collected household hazardous waste if collection is part of the
				project.
(3) Allows and encourages
				participation from all households within a designated household hazardous waste
				collection area that is specified in the grant application.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 8 - HOUSEHOLD HAZARDOUS WASTE GRANTS PROGRAM › Rule 2 - Definitions › Section 2-1 - Definitions

Current through July 10, 2024
Authority: IC
				  13-20-20-13
Affected: IC
				  13-20-20
Sec. 1.
The definitions in this rule apply throughout this article.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 8 - HOUSEHOLD HAZARDOUS WASTE GRANTS PROGRAM › Rule 2 - Definitions › Section 2-2 - "Commissioner" defined

Current through July 10, 2024
Authority: IC
				  13-20-20-13
Affected: IC
				  13-13-1-1; IC
				  13-11-2-35;
				  IC 13-20-20
Sec. 2.
"Commissioner" refers to the commissioner of the department
				  of environmental management created under IC
				  13-13-1-1.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 8 - HOUSEHOLD HAZARDOUS WASTE GRANTS PROGRAM › Rule 2 - Definitions › Section 2-3 - "District" defined

Current through July 10, 2024
Authority: IC
				  13-20-20-13
Affected: IC
				  13-9.5-2-1; IC 13-21
Sec. 3.
"District" refers to a solid waste management district
				  established under IC 13-21.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 8 - HOUSEHOLD HAZARDOUS WASTE GRANTS PROGRAM › Rule 2 - Definitions › Section 2-4 - "Grantee" defined

Current through July 10, 2024
Authority: IC
				  13-20-20-13
Affected: IC
				  13-20-20
Sec. 4.
"Grantee" refers to a person who receives a grant under this
				  article.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 8 - HOUSEHOLD HAZARDOUS WASTE GRANTS PROGRAM › Rule 2 - Definitions › Section 2-5 - "Household waste" defined

Current through July 10, 2024
Authority: IC
				  13-20-20-13
Affected: IC
				  13-20-20
Sec. 5.
"Household waste" means any material derived from households
				  including single and multiple residences, hotels and motels, bunkhouses, ranger
				  stations, crew quarters, campgrounds, picnic grounds, and day use recreation
				  areas.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 8 - HOUSEHOLD HAZARDOUS WASTE GRANTS PROGRAM › Rule 2 - Definitions › Section 2-6 - "Household hazardous waste" defined

Current through July 10, 2024
Authority: IC 13-20-20-13
Affected: IC 13-20-20
Sec. 6. "Household hazardous waste" means hazardous waste
				  generated by households that:
(1) is
				ignitable, as defined under
				40 CFR
				261.21;
(2) is toxic, as defined under
				40 CFR
				261.24;
(3) is reactive, as defined under
				40 CFR
				261.23;
(4) is corrosive, as defined under
				40 CFR
				261.22; or
(5) otherwise poses a threat to human health
				or the environment.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 8 - HOUSEHOLD HAZARDOUS WASTE GRANTS PROGRAM › Rule 2 - Definitions › Section 2-7 - "Project" defined

Current through July 10, 2024
Authority: IC
				  13-20-20-13
Affected: IC
				  13-20-20
Sec. 7.
"Project" refers to a household hazardous waste collection
				  and disposal project.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 8 - HOUSEHOLD HAZARDOUS WASTE GRANTS PROGRAM › Rule 2 - Definitions › Section 2-8 - "Unit" defined

Current through July 10, 2024
Authority: IC
				  13-20-20-13
Affected: IC
				  13-20-20
Sec. 8.
"Unit" means county, municipality, or
				  township.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 8 - HOUSEHOLD HAZARDOUS WASTE GRANTS PROGRAM › Rule 2 - Definitions › Section 2-9 - "Department" defined

Current through July 10, 2024
Authority: IC
				  13-20-20-13
Affected: IC
				  13-20-20
Sec. 9.
"Department" refers to the department of environmental
				  management.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 8 - HOUSEHOLD HAZARDOUS WASTE GRANTS PROGRAM › Rule 3 - Grant Application › Section 3-1 - Grant application

Current through July 10, 2024
Authority: IC 13-20-20-13
Affected: IC 16-6-9-2; IC 36-1-2-9
Sec. 1.
The contents of an application for a grant shall include the
				  following:
(1) A statement describing
				a project's scope of activities and objectives that identifies the persons
				responsible for project planning, coordination, and implementation.
(2) A map specifying the area to be served by
				the project that includes the locations of household hazardous waste collection
				sites.
(3) A description of
				proposed information and educational activities which describes the hazards
				associated with household hazardous waste.
(4) A description of safety and security
				measures that will be implemented during the project.
(5) A budget showing all estimated project
				costs that includes ineligible project costs and eligible project costs as
				described in
				329 IAC
				8-4-1.
(6)
				A formal resolution by the legislative body, as defined under IC 36-1-2-9, of a
				unit or district involved in the grant project that does the following:
(A) Authorizes the project and the grant
				application.
(B) Expresses the
				specific intent to carry out all proposed project activities described in the
				grant application.
(C) Allows
				department employees to have access to and inspect proposed household hazardous
				waste collection sites involved in the project.
(D) Commits the applicant to do the
				following:
(i) Maintain appropriate records
				that document all expenditures made during the project.
(ii) Submit to the department a final report
				describing all project activities, achievements, and problems that compares the
				actual project to the objectives and activities proposed in the grant
				application, including the following:
(AA)
				Samples of all informational and educational materials prepared and
				distributed.
(BB) Data on the
				household participation rates.
(CC)
				Waste quantities collected by category.
(DD) Documentation of all costs.
(EE) Recommendations for project
				improvements.
(E) Contains a timetable for completion of
				the project that:
(i) does not exceed twelve
				(12) months; and
(ii) includes
				anticipated dates of:
(AA) information and
				educational activities;
(BB) waste
				collection; and
(CC) submission of
				final reports.
(F) Commits the applicant to provide all
				funding required to implement and administer the project, not including the
				grant award.
(G) Commits the
				applicant to develop a proposed plan for a permanent household hazardous waste
				program that includes sources of funding and timetable for
				implementation.
(H) Commits the
				applicant to develop a proposed plan for a permanent household hazardous
				product program designed to educate the public as to nonhazardous and nontoxic
				substitutes for household hazardous products, as defined under IC
				16-6-9-2.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 8 - HOUSEHOLD HAZARDOUS WASTE GRANTS PROGRAM › Rule 4 - Project Costs › Section 4-1 - Requirements

Current through July 10, 2024
Authority: IC
				  13-20-20-13
Affected: IC
				  13-20-20
Sec. 1.
(a) An
				applicant must submit the following information for eligibility:
(1) Estimated project costs submitted to the
				department must include both eligible and ineligible costs. The ineligible
				project costs for grant funding may not be used to fulfill a grantee's match
				requirement. Furthermore, a grantee is responsible for all project costs except
				the costs funded by the grant.
(2)
				Ineligible project costs are the following:
(A) Costs incurred before the approval of a
				grant.
(B) Costs incurred more than
				twelve (12) months after a grant has been accepted.
(C) Costs incurred by a grantee that exceed
				original estimated eligible project costs indicated in a grant program
				application.
(D) Other costs that
				are not specifically related to a project as determined by the
				department.
(3) Eligible
				project costs include the following:
(A) Costs
				used to fulfill the grantee's match requirements.
(B) Costs funded by the grant.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 8 - HOUSEHOLD HAZARDOUS WASTE GRANTS PROGRAM › Rule 5 - Terms and Conditions › Section 5-1 - Grants awarded to applicants

Current through July 10, 2024
Authority: IC
				  13-20-20-13
Affected: IC
				  13-20-20
Sec. 1.
Grants will be awarded under the following
				  conditions:
(1) The grant awarded may
				not exceed fifty percent (50%) of the total eligible costs estimated in a grant
				application.
(2) The grant must be
				matched by an applicant's financial or in kind contributions.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 8 - HOUSEHOLD HAZARDOUS WASTE GRANTS PROGRAM › Rule 5 - Terms and Conditions › Section 5-2 - Acceptance of the grant

Current through July 10, 2024
Authority: IC
				  13-20-20-13
Affected: IC
				  13-20-20
Sec. 2.
Upon acceptance of the grant, the following applies:
(1) The department shall pay the grantee
				seventy-five percent (75%) of the grant for the project on
				acceptance.
(2) The remaining
				twenty-five percent (25%) of the grant shall be paid to the grantee after the
				grantee submits the following to the department:
(A) Final report of the program.
(B) Final expenditures have been audited and
				approved in writing from the department.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 8 - HOUSEHOLD HAZARDOUS WASTE GRANTS PROGRAM › Rule 5 - Terms and Conditions › Section 5-3 - Project expenditures

Current through July 10, 2024
Authority: IC
				  13-20-20-13
Affected: IC
				  13-20-20
Sec. 3.
(a) A
				grantee shall submit to the department documentation of all project
				expenditures:
(1) thirty (30) days after
				completion of the project;
(2)
				twelve (12) months after the grant is awarded; or
(3) whichever comes first.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 8 - HOUSEHOLD HAZARDOUS WASTE GRANTS PROGRAM › Rule 6 - Grant Awards › Section 6-1 - Grant awards

Current through July 10, 2024
Authority: IC 13-20-20-13
Affected: IC 13-20-20
Sec. 1.
In reviewing project applications for grant awards, the
				  department may award a grant to an eligible applicant who meets the minimum
				  requirements of
				  329 IAC 8-1-1 and all
				  other requirements in this article. In determining the priority in granting
				  awards among the applicants, the department shall consider evidence of the
				  following in making the determination:
(1) A commitment by the applicant to an
				annual household hazardous waste collection and disposal program, evidenced by
				a formal resolution by the unit or district to undertake annual action to
				promote proper collection and disposal of household hazardous waste.
(2) The project application describes a
				program that includes an effective program to educate the public of the proper
				handling, storage, and disposal of household hazardous waste and promotes
				practices that reduce or eliminate the generation of household hazardous
				waste.
(3) The applicant has
				sponsored or participated in other hazardous waste collection and disposal
				programs, including those sponsored and/or funded by civic organizations or
				private foundations.
(4) The
				project application provides information on an educational project by the
				applicant concerning nonhazardous and nontoxic substitutes for household
				hazardous products.