reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 30 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Closure Requirements › Section 30-1 - Performance standard

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 1.
Owners or operators of restricted waste sites Type I and
				  Type II and nonmunicipal solid waste landfills shall close the facilities in a
				  manner that:
(1) minimizes the need
				for further maintenance;
(2)
				controls post-closure escape of waste, waste constituents, leachate,
				contaminated precipitation, or waste decomposition products to the ground or
				surface waters or the atmosphere; and
(3) at a minimum, is in compliance with
				applicable closure provisions and conditions imposed in the facility permit.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 30 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Closure Requirements › Section 30-2 - Final cover; restricted waste site Type I and nonmunicipal solid waste landfills

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-30-2; IC 36-9-30
Sec. 2.
(a) Owners
				or operators of restricted waste site Type I and nonmunicipal solid waste
				landfills shall apply and compact final cover of not less than two (2) feet,
				except as more cover may be required under subsection (c), to any point in the
				fill:
(1) within one hundred eighty (180) days
				of receiving its final waste volume; or
(2) when any area of the restricted waste
				site Type I or nonmunicipal solid waste landfill is filled to its approved
				elevation.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 30 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Closure Requirements › Section 30-3 - Final cover; restricted waste site Type II

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-30-2; IC 36-9-30
Sec. 3.
(a) Owners
				or operators of a restricted waste site Type II shall apply and compact no less
				than two (2) feet of final cover over any area in the fill within one hundred
				eighty (180) days when:
(1) solid waste has
				not been disposed for one (1) year; or
(2) any area of the restricted waste site
				Type II has been filled to its approved elevation.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 30 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Closure Requirements › Section 30-5 - Partial closure

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-30-2; IC 36-9-30
Sec. 5.
(a) Areas of
				a restricted waste site Type I or Type II or nonmunicipal solid waste landfill
				that have received final cover, and are graded and have established vegetation
				in accordance with the applicable provisions of this rule, 329 IAC 10-28, and
				the approved closure plan prior to closure of the facility may receive
				certification of partial closure.
(b) The owner or operator of a restricted
				waste site Type I or Type II or nonmunicipal solid waste landfill shall submit
				to the commissioner a certification, signed by both the owner or operator and a
				registered professional engineer, which specifically identifies the closed
				areas and indicates that the partial closure is in accordance with the approved
				closure plan and the standards of this article. Certifications of partial
				closure must not be made for an area until the final cover has been completely
				provided for that area and vegetation has been established.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 30 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Closure Requirements › Section 30-6 - Initiation of final closure

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 6.
(a) Within
				fifteen (15) days after receiving the final volume of waste, the owner or
				operator of a restricted waste site Type I or Type II or nonmunicipal solid
				waste landfill shall initiate final closure of all areas not certified as
				partially closed. Final closure must be in accordance with the approved closure
				plan.
(b) The owner or operator of
				a restricted waste site Type I or Type II or nonmunicipal solid waste landfill
				shall complete other closure activities in accordance with the approved closure
				plan.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 30 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Closure Requirements › Section 30-7 - Closure certification

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 7.
(a) As part
				of the final closure of a facility, the owner or operator of a restricted waste
				site Type I or Type II or nonmunicipal solid waste landfill shall submit to the
				commissioner the following:
(1) A
				certification statement, signed by both the owner or operator and a registered
				professional engineer, that the facility has been closed in accordance with the
				approved closure plan.
(2)
				Verification that the owner of the property on which the facility is located
				has recorded a notation on the deed to the facility property, or on some other
				instrument, normally examined during title search, which will, in perpetuity,
				notify any potential purchaser of the property that the land has been used as a
				solid waste land disposal facility. At a minimum, the recording must contain
				the following:
(A) The general types and
				location of waste.
(B) The depth of
				fill.
(C) A plot plan, with surface
				contours at intervals of two (2) feet, which must indicate:
(i) final land surface water run-off
				direction;
(ii) surface water
				diversion structures after completion of the operation; and
(iii) final grading.
(D) A statement that no construction,
				installation of wells, pipes, conduits, or septic systems, or any other
				excavation must be done on the property without approval by the
				commissioner.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 31 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Post-Closure Requirements › Section 31-1 - Performance standard

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 1.
Owners or operators of restricted waste sites Type I and
				  Type II and nonmunicipal solid waste landfills shall maintain the facilities
				  during the post-closure period in a manner that:
(1) minimizes the need for further
				maintenance;
(2) controls
				post-closure escape of waste, waste constituents, leachate, contaminated
				precipitation, or waste decomposition products to the ground or surface waters
				or the atmosphere; and
(3) at a
				minimum, is in compliance with applicable closure provisions and conditions
				imposed in the facility permit.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 31 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Post-Closure Requirements › Section 31-2 - Post-closure duties

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-30-2; IC 36-9-30
Sec. 2.
(a) Owners
				or operators of the restricted waste sites Type I and Type II and nonmunicipal
				solid waste landfills have the following duties after closure of the facility:
(1) Post-closure activities must be performed
				in accordance with the approved post-closure plan as specified in section 3 of
				this rule.
(2) Inspection of the
				facility at least twice per year with a written report on the condition of the
				facility to be submitted to the commissioner.
(3) Maintenance of the minimum thickness of
				final cover and vegetation as required by 329 IAC 10-28 and 329 IAC
				10-30.
(4) Maintenance of the final
				contours of the facility in accordance with the applicable standards of 329 IAC
				10-28 and 329 IAC 10-30 and, at a minimum, to provide that no ponding of water
				occurs on filled areas.
(5) Control
				of any vegetation on vehicular access ways to monitoring wells as required by
				329 IAC
				10-28-2(c).
(6) Control of vegetation at the site as
				necessary to enable determination of the need for slope and cover maintenance
				and leachate outbreak abatement.
(7) Maintenance of access control and
				benchmarks at the facility.
(8)
				Maintenance and monitoring of water quality monitoring devices and, if
				applicable, any leachate collection and treatment systems or methane control
				systems.
(9) Control of any
				leachate or gas generated at the facility, as required by
				329 IAC 10-28-19
				or
				329 IAC
				10-28-20.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 31 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Post-Closure Requirements › Section 31-3 - Post-closure plan

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-30-2; IC 36-9-30
Sec. 3.
(a) Owners
				or operators of restricted waste sites Type I and Type II and nonmunicipal
				solid waste landfills shall have a written post-closure plan. The post-closure
				plan must be submitted with the permit application in accordance with 329 IAC
				10-11 and be approved if acceptable by the commissioner as part of the permit.
				The approved post-closure plan must become a condition of the permit. If the
				plan is determined to be unacceptable, the commissioner shall identify the
				items needed to make it complete.
(b) The post-closure plan must identify the
				activities that will be carried on after closure under section 2 of this rule
				and must include at least the following:
(1) A
				description of the planned ground water monitoring activities and the frequency
				at which they will be performed.
(2) A description of the planned maintenance
				activities and the frequency at which they will be performed.
(3) The name, address, and telephone number
				of the owner or operator with responsibility for maintaining the site after
				closure whom the commissioner may contact about the solid waste facility during
				the post-closure period.
(4) A
				post-closure cost estimate in accordance with
				329 IAC
				10-39-3. Post-closure costs must be calculated based
				on the cost necessary for the work to be performed by a third party. For
				post-closure maintenance of final cover and vegetation, the amount per acre
				must be ten percent (10%) of the cost calculated under
				329 IAC 10-30-4(b)(4)
				 multiplied by the total acreage of the site
				permitted for filling. The estimate of the post-closure cost per acre must be
				that which is necessary for providing the activities as specified in the
				post-closure plan; however, the sum of the closure cost estimate and
				post-closure cost estimate must not be less than fifteen thousand dollars
				($15,000) per acre or fraction of an acre covered by the permitted
				facility.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 31 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Post-Closure Requirements › Section 31-4 - Post-closure certification

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 4.
When the post-closure care requirements of this rule have
				  been completed, the owner or operator of a restricted waste site Type I or Type
				  II or nonmunicipal solid waste landfill shall submit a certification statement
				  signed by both the owner or operator and a registered professional engineer
				  states that the post-closure care requirements have been met and the facility
				  has stabilized. The post-closure certification will be deemed adequate unless
				  within one hundred fifty (150) days of receipt of the post-closure
				  certification, the commissioner issues notice of the deficiency of
				  post-closure, including actions necessary to correct the deficiency.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 31 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Post-Closure Requirements › Section 31-5 - Responsibility after post-closure to correct nuisance

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 5.
Subsequent to the completion of post-closure, the owner or
				  operator of a closed facility or the owner of real estate upon which a closed
				  facility is located shall be responsible for correcting and controlling any
				  nuisance conditions occurring at the facility.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 31 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Post-Closure Requirements › Section 31-6 - Elimination of threats to human health or the environment after post-closure

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 6.
Subsequent to the completion of post-closure, the owner or
				  operator of a closed facility or the owner of real estate upon which a closed
				  facility is located shall be responsible for eliminating any threat to human
				  health or the environment.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 31 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Post-Closure Requirements › Section 31-7 - Remedial action

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1;
				  IC
				  13-25-4-7
Affected: IC
				  13-25-4; IC
				  13-30-2; IC
				  36-9-30
Sec. 7.
The commissioner may proceed under IC
				  13-25-4 and rules adopted under IC
				  13-25-4-7 that
				  require the owner or operator of a closed facility or the owner of real estate
				  upon which a closed facility is located, or any other responsible party under
				  IC 13-25-4, to perform remedial
				  action, including the installation and monitoring of ground water monitoring
				  wells or other devices, if the commissioner determines that the closed facility
				  is a threat to human health or the environment, due to a release of a hazardous
				  substance from the facility into the environment.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 32 - Restricted Waste Site Type III and Construction/Demolition Sites; Additional Application Requirements to 329 IAC 10-11 › Section 32-1 - General

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 1.
(a) An
				application for a restricted waste site Type III or a construction/demolition
				site permit must be accompanied by the plans or documents specified in this
				rule.
(b) Design drawings and
				specifications must be certified by a registered professional engineer and must
				be properly titled.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 32 - Restricted Waste Site Type III and Construction/Demolition Sites; Additional Application Requirements to 329 IAC 10-11 › Section 32-2 - Plot plans and cross-sectional drawings

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) An
				application for a restricted waste site Type III or a construction/demolition
				site must be accompanied by plot plans using a scale of at least one (1) inch
				equals one hundred (100) feet for a site of less than eighty (80) acres, or a
				scale of at least one (1) inch equals two hundred (200) feet for a facility of
				eighty (80) acres or more. A bar scale must be shown on plans in order to
				properly indicate the scale if size changes occur. All plot plans must include
				the facility boundaries and indicate each of the required features set forth in
				this section within three hundred (300) feet of the facility boundaries. All
				facility plan elevations must correlate with United States Geological Survey
				(USGS) mean sea level data.
(b) An
				application for restricted waste site Type III must be accompanied by the
				following plot plans and cross sections:
(1) A
				plot plan that indicates the following:
(A)
				Locations and elevations of all existing and proposed on-site boring
				locations.
(B) Rock
				outcroppings.
(C) Surface water
				run-off direction.
(D)
				Fences.
(E) Utility easements and
				rights-of-way.
(F) Present land
				surface contours at intervals of no more than five (5) feet.
(G) Proposed location of scales required by
				329 IAC
				10-14-2.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 32 - Restricted Waste Site Type III and Construction/Demolition Sites; Additional Application Requirements to 329 IAC 10-11 › Section 32-3 - Soils; ground water; geology information

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 3.
An application for a restricted waste site Type III or a
				  construction/demolition site must be accompanied by boring and testing
				  information if well logs, soils maps, or other information does not indicate a
				  suitable barrier between locally useful aquifers and the solid waste.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 32 - Restricted Waste Site Type III and Construction/Demolition Sites; Additional Application Requirements to 329 IAC 10-11 › Section 32-4 - Descriptive narrative

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.
An application for a restricted waste site Type III or a
				  construction/demolition site must be accompanied by a narrative describing the
				  proposed facility and include the following:
(1) Anticipated quantity, types, and sources
				of solid waste to be deposited.
(2)
				The equipment to be used for placement and compaction of all solid waste,
				excavation of soil, moving of stockpiled soils, and application of cover
				soil.
(3) Procedures to control
				fugitive dust.
(4) Sanitary
				facilities if employees are at the site full time.
(5) A statement as to the existence of and a
				description of any wells within six hundred (600) feet of the proposed fill
				area.
(6) A description of the
				access control at the site.
(7) A
				description of the safety equipment to be used at the site.
(8) The distance from the site to the nearest
				dwelling.
(9) A description of the
				location, amount, and depth of excavation that will occur at the
				site.
(10) A description of the
				supervision that will occur at the site.
(11) A description of the base flood at the
				site and whether the site is in the floodway.
(12) Proposed hours of operation.
(13) The names and addresses of all adjoining
				land owners.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 33 - Restricted Waste Site Type III and Construction/Demolition Sites; Location Restrictions › Section 33-1 - Solid waste boundary limits

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 1.
(a) On and
				after the effective date of this article, the solid waste boundary of a new
				restricted waste site Type III and the additional areas beyond that which have
				been previously approved for existing restricted waste site Type III must be
				prohibited from the following areas:
(1)
				Wetlands in violation of Section 404 of the Clean Water Act as amended February
				4, 1987.
(2) The critical habitat
				of an endangered species as defined by 50 CFR 17.
(3) Floodways of drainage areas greater than
				one (1) square mile, without the approval of the department of natural
				resources, and floodways without provisions to prevent washout of the
				waste.
(4) Within areas of karst
				topography without:
(A) provisions to collect
				and contain all of the leachate generated; and
(B) a demonstration that the integrity of the
				landfill will not be damaged by subsidence.
(5) Over mines unless it is demonstrated that
				the integrity of the landfill will not be damaged by subsidence.
(6) Within six hundred (600) feet of a
				potable water well in use as a water supply for a dwelling or dwellings on the
				date of public notice for zoning approval for the permitted activity or the
				date of public notice of the permit application by the commissioner, whichever
				occurs first, unless written consent is obtained from the owner of the
				well.
(7) Within fifty (50) feet of
				the real property boundaries of the facility.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 34 - Restricted Waste Site Type III and Construction/Demolition Sites; Liner System Design Standards › Section 34-1 - Design standards

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 1.
(a) On and
				after the effective date of this article, for a restricted waste site Type III
				and a construction/demolition site, the increased height and horizontal
				expansions of the fill area, beyond that which had been approved previously and
				for new facilities, must have a barrier between the solid waste and an aquifer.
				This barrier must:
(1) consist of soil,
				whether undisturbed, constructed, or a combination thereof, with an equivalent
				hydraulic conductivity through the barrier of less than or equal to 1 ×
				10-6 centimeters per second; and
(2) have a minimum thickness consisting of
				three (3) feet between the solid waste and any locally useful
				aquifer.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 35 - Restricted Waste Site Type III and Construction/Demolition Sites; Operation Approval and Preoperational Requirements › Section 35-1 - Operation approval

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-30-2; IC 36-9-30
Sec. 1.
(a) A newly
				constructed restricted waste site Type III or construction/demolition site that
				holds a valid permit under this article must not accept solid waste until it
				has complied with the applicable preoperational requirements of this
				rule.
(b) The owner or operator of
				the restricted waste site Type III or construction/demolition site shall notify
				the commissioner in writing when all the preoperational requirements have been
				completed. Unless the commissioner denies operational approval within
				twenty-one (21) days of receipt of the notice, the facility may begin to accept
				solid waste in accordance with its permit granted under 329 IAC 10-11 and the
				requirements of 329 IAC 10-36.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 35 - Restricted Waste Site Type III and Construction/Demolition Sites; Operation Approval and Preoperational Requirements › Section 35-2 - Preoperational requirements

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-30-2; IC 36-9-30
Sec. 2.
(a) Before
				beginning operation, owners or operators of a restricted waste site Type III
				shall be required to establish a series of identifiable boundary markers that
				will delineate the approved facility boundaries and solid waste boundaries for
				the life of the facility.
(b)
				Before beginning operation, owners or operators of construction/demolition
				sites shall be required to complete the following:
(1) Establish a series of identifiable
				boundary markers that will delineate the approved facility boundaries and solid
				waste boundaries for the life of the facility.
(2) Complete initial site development and
				construction in accordance with the initial facility development plan required
				in 329 IAC 10-32 and complete other preoperational requirements imposed as
				conditions to the facility permit.
(3) Establish permanent, on-site benchmark or
				benchmarks with vertical, mean sea level elevation, and horizontal control so
				that no portion of the proposed fill area is further than one thousand (1,000)
				feet from a benchmark. However, distances greater than the specified one
				thousand (1,000) feet may be allowed where necessary to avoid the placement of
				benchmarks on filled areas.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 36 - Restricted Waste Site Type III and Construction/Demolition Sites; Operational Requirements › Section 36-1 - Access control

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

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 2.
(a) On-site
				roads that provide access to disposal areas must be passable to vehicles
				utilizing these areas.
(b) The
				owner or operator of a restricted waste site Type III or a
				construction/demolition site shall construct and maintain on-site roads in such
				a way as to minimize the tracking of mud or soil material from the facility
				onto public highways or provide and maintain equipment to remove any such mud
				or soil material that is tracked onto the public highways.
(c) Access to monitoring wells for vehicles
				driven by department representatives must be provided. Such areas must be
				passable. Gravel or other materials must be provided as needed to provide
				trafficability. Vegetation must be controlled on the access way and around the
				wells.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 36 - Restricted Waste Site Type III and Construction/Demolition Sites; Operational Requirements › Section 36-3 - Signs

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 3.
(a) For all
				restricted waste site Type III and construction/demolition sites, except
				facilities disposing of waste generated on-site, a sign of at least sixteen
				(16) square feet must be erected at each facility entrance. The sign must
				identify the following:
(1) The facility
				name.
(2) The operating
				schedule.
(3) The type of
				facility.
(4) The solid waste
				facility permit number.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 36 - Restricted Waste Site Type III and Construction/Demolition Sites; Operational Requirements › Section 36-4 - Sanitation

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

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

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

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 7.
(a) Safety
				devices, including roll bars and fire extinguishers, must be provided on all
				rolling equipment.
(b) A first aid
				kit must be available on-site for a construction/demolition site.
(c) A telephone or radio communication system
				must be provided on-site for a construction/demolition site.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 36 - Restricted Waste Site Type III and Construction/Demolition Sites; Operational Requirements › Section 36-8 - Records and reports

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

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 9.
Open burning of solid waste is prohibited at a restricted
				  waste site Type III and a construction/demolition site. Burning of solid waste
				  must occur only in an incinerator permitted under 329 IAC 11 and operating in
				  compliance with all applicable air pollution control requirements.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 36 - Restricted Waste Site Type III and Construction/Demolition Sites; Operational Requirements › Section 36-10 - Diversion of surface water

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 10.
A restricted waste site Type III and a
				  construction/demolition site must not deposit solid waste in standing or ponded
				  water except for that water resulting from precipitation directly upon the
				  working face.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 36 - Restricted Waste Site Type III and Construction/Demolition Sites; Operational Requirements › Section 36-11 - Cover; general provisions

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-30-2; IC 36-9-30
Sec. 11.
(a) Cover
				for a restricted waste site Type III and a construction/demolition site must be
				soil of Unified Soil Classification ML, CL, MH, CH, or OH or other suitable
				material approved by the commissioner to provide an adequate level of
				environmental protection.
(b) Cover
				must be applied and maintained at a restricted waste site Type III and a
				construction/demolition site in accordance with the applicable requirements of
				this rule and 329 IAC 10-37. Other provisions for cover may be approved by the
				commissioner if it can be demonstrated that an alternate cover or site design
				will provide an adequate level of environmental protection.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 36 - Restricted Waste Site Type III and Construction/Demolition Sites; Operational Requirements › Section 36-12 - Cover; restricted waste site type III and construction/demolition sites

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 12.
(a) A
				restricted waste site Type III must apply and compact no less than six (6)
				inches of intermediate cover annually over all exposed solid waste regardless
				of weather conditions.
(b) A
				construction/demolition site must apply no less than six (6) inches of cover
				weekly over all exposed solid waste regardless of weather conditions.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 36 - Restricted Waste Site Type III and Construction/Demolition Sites; Operational Requirements › Section 36-13 - Dispersal control

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-30-2; IC 36-9-30
Sec. 13.
(a)
				Notwithstanding the cover requirements of this rule and 329 IAC 10-37 for a
				restricted waste site Type III, if the facility operation is found to be in
				violation of fugitive dust rules of the air pollution control board or if the
				commissioner documents evidence of visible waste deposits carried by wind or
				surface water beyond the site property boundary, the restricted waste site Type
				III must complete the following:
(1) Apply
				daily cover.
(2) Submit a plan to
				control dispersal.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 36 - Restricted Waste Site Type III and Construction/Demolition Sites; Operational Requirements › Section 36-14 - Grading and soil stabilization

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-30-2; IC 36-9-30
Sec. 14.
(a) Cover
				material applied as required in sections 11 through 13 of this rule and 329 IAC
				10-37 must be continuously maintained, including application and compaction of
				additional cover as needed to maintain required depth.
(b) A grass or ground cover crop must be
				established and maintained continuously as soon as weather permits and seasonal
				conditions are suitable on any portion of the restricted waste site Type III or
				construction/demolition site that has received final cover except where other
				provisions for land use have been approved by the commissioner.
(c) A restricted waste site Type III and a
				construction/demolition site must be graded to promote surface water drainage
				and to prevent the ponding of water on previously filled areas.
(d) Vegetation must be cleared only as
				necessary.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 36 - Restricted Waste Site Type III and Construction/Demolition Sites; Operational Requirements › Section 36-15 - Surface leachate control

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

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 16.
Any discharge or disposal of collected leachate must be in
				  accordance with applicable local, state, and federal laws and rules.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 36 - Restricted Waste Site Type III and Construction/Demolition Sites; Operational Requirements › Section 36-17 - Prohibition on accepting municipal waste by a construction/demolition site

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-20-6-4; IC 13-30-2; IC 36-9-30
Sec. 17.
(a) Prior
				to accepting a shipment of municipal waste from a transfer station located
				inside or outside of Indiana, a construction/demolition site must receive a
				copy of the manifest and must review the manifest to determine whether the
				items listed under
				329 IAC
				11-15-3 are included on the manifest.
(b) A construction/demolition site must not
				knowingly accept a shipment of municipal waste from a transfer station located
				inside or outside of Indiana if:
(1) the
				municipal waste is not accompanied by a manifest that contains the information
				required under
				329 IAC
				11-15-3; or
(2) the construction/demolition site has
				received notice from the department that the commissioner has issued an order
				under IC 13-20-6-3
[IC 13-20-6-3 was repealed by P.L. 154-2005, SECTION
				17, effective July 1, 2005.]
or IC
				13-20-6-4
				that suspends the waste transfer activities within Indiana of the transfer
				station or operator that is listed on the manifest accompanying the shipment of
				municipal waste.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 36 - Restricted Waste Site Type III and Construction/Demolition Sites; Operational Requirements › Section 36-18 - Violations

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 18.
(a) A
				construction/demolition site that knowingly accepts a shipment of municipal
				waste in contravention to section 17(b) of this rule violates this
				rule.
(b) Acceptance of a shipment
				of municipal waste is not a violation of this rule if:
(1) the construction/demolition site did not
				receive a notice under section 17(c) of this rule that the department suspended
				the waste transfer activities of a transfer station or operator listed on the
				manifest; or
(2) the
				construction/demolition site did not receive a notice under section 17(d) that
				the department allowed the waste transfer activities of a transfer station or
				operator listed on the manifest to resume.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 36 - Restricted Waste Site Type III and Construction/Demolition Sites; Operational Requirements › Section 36-19 - Definitions

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-11-2-133;
				  IC 13-11-2-148; IC 13-11-2-254; IC 13-19-3-3; IC 13-22; IC 13-30-2; IC
				  16-41-16-4; IC 36-1-2-23; IC 36-9-30
Sec. 19.
As used in sections 17 and 18 of this rule, the following
				  definitions apply:
(1) "Manifest"
				means the form used for identifying the quantity, origin, and operators
				involved in a shipment, and the destination of municipal solid waste during its
				transportation.
(2) "Municipal
				waste", as defined in IC 13-11-2-133, means any garbage, refuse, industrial
				lunchroom or office waste, and other material resulting from the operation of
				residential, municipal, commercial, or institutional establishments, and
				community activities. The term does not include the following:
(A) Hazardous waste regulated under:
(i) IC 13-22-1 through IC 13-22-8 and IC
				13-22-13 through IC 13-22-14; or
(ii) the federal Solid Waste Disposal Act,
				42 U.S.C.
				6901 et seq., in effect on January 1,
				1990.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 37 - Restricted Waste Site Type III and Construction/Demolition Sites; Closure Requirements › Section 37-1 - Performance standard

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 1.
Owners or operators of a restricted waste site Type III and
				  a construction/demolition site shall close the facilities in a manner
				  that:
(1) minimizes the need for
				further maintenance;
(2) controls
				post-closure escape of waste, waste constituents, leachate, contaminated
				precipitation, or waste decomposition products to the ground or surface waters
				or the atmosphere; and
(3) at a
				minimum, is in compliance with applicable closure provisions and conditions
				imposed in the facility permit.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 37 - Restricted Waste Site Type III and Construction/Demolition Sites; Closure Requirements › Section 37-2 - Final cover; restricted waste site Type III

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 2.
(a) Owners
				or operators of a restricted waste site Type III shall apply and compact final
				cover of not less than two (2) feet within one (1) year of when an area is
				filled to its approved elevation.
(b) A restricted waste site Type III must
				meet the following requirements for final cover:
(1) The maximum projected erosion rate must
				be five (5) tons per acre per year.
(2) The final compacted cover must be as
				specified in subsection (a).
(3)
				The final cover must have a slope of not less than two percent (2%) and not
				greater than thirty-three percent (33%).
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 37 - Restricted Waste Site Type III and Construction/Demolition Sites; Closure Requirements › Section 37-3 - Final cover; construction/demolition sites

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC
				  13-19-3-1
Affected: IC
				  13-30-2; IC
				  36-9-30
Sec. 3.
(a) Owners
				or operators of a construction/demolition site shall apply no less than two (2)
				feet of final cover over any area in the fill within one hundred eighty (180)
				days when:
(1) solid waste has not been
				disposed for one (1) year; or
(2)
				any area of the construction/demolition site has been filled to its approved
				elevation.