Indiana General Assembly - Indiana Register

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IAC Titles Current IR

TITLE 329 SOLID WASTE MANAGEMENT DIVISION

IC 13-14-9.5 Notice of Final Readoption LSA Document #13-179(F)

Readopts rules in anticipation of IC 13-14-9.5-2, providing that an administrative rule adopted under IC 13-14-9 expires January 1 of the seventh year after the year in which the rule takes effect unless the rule contains an earlier expiration date. Effective 30 days after filing with the Publisher.

PURPOSE OF NOTICE

Under IC 13-14-9.5-4(c), the Indiana Department of Environmental Management (IDEM) is publishing a notice of readoption of rules in Title 329 of the Indiana Administrative Code. With this notice, IDEM is providing notification that the following rules are readopted:

READOPTED RULES:


	329 IAC 8	HOUSEHOLD HAZARDOUS WASTE GRANTS PROGRAM
	329 IAC 10-9	Solid Waste Land Disposal Facility Classification
	329 IAC 10-24	Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Additional Application Requirements to 329 IAC 10-11
	329 IAC 10-25	Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Location Restrictions
	329 IAC 10-26	Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Liner System Design Standards and Height Increases
	329 IAC 10-27	Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operation Approval and Preoperational Requirements
	329 IAC 10-28	Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements
	329 IAC 10-29	Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Ground Water Monitoring and Corrective Action
	329 IAC 10-30	Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Closure Requirements
	329 IAC 10-31	Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Post-closure Requirements
	329 IAC 10-32	Restricted Waste Site Type III and Construction/demolition Sites; Additional Application Requirements to 329 IAC 10-11
	329 IAC 10-33	Restricted Waste Site Type III and Construction/demolition Sites; Location Restrictions
	329 IAC 10-34	Restricted Waste Site Type III and Construction/demolition Sites; Liner System Design Standards
	329 IAC 10-35	Restricted Waste Site Type III and Construction/demolition Sites; Operation Approval and Preoperational Requirements
	329 IAC 10-36	Restricted Waste Site Type III and Construction/demolition Sites; Operational Requirements
	329 IAC 10-37	Restricted Waste Site Type III and Construction/demolition Sites; Closure Requirements
	329 IAC 10-38	Restricted Waste Site Type III and Construction/demolition Sites; Post-closure Requirements
	329 IAC 11-1-1	Enforcement
	329 IAC 11-1-2	Penalties
	329 IAC 11-1-4	Variances
	329 IAC 11-1-5	Severability
	329 IAC 11-2-1	Definitions
	329 IAC 11-2-2	"Access road" defined
	329 IAC 11-2-3	"Ash residue" defined
	329 IAC 11-2-5	"Board" defined
	329 IAC 11-2-6	"Collection container system" defined
	329 IAC 11-2-8	"Contaminant" defined
	329 IAC 11-2-12	"Generator" or "generating facility" defined
	329 IAC 11-2-13	"Grading" defined
	329 IAC 11-2-15.1	"Incidental transfer" defined
	329 IAC 11-2-16	"Incinerator" defined
	329 IAC 11-2-19	"Infectious waste incinerator" defined
	329 IAC 11-2-22	"On-site road" defined
	329 IAC 11-2-25	"Operating personnel" defined
	329 IAC 11-2-26	"Permit" defined
	329 IAC 11-2-28	"Person" defined
	329 IAC 11-2-29	"Pollution control waste" defined
	329 IAC 11-2-30	"Processing" defined
	329 IAC 11-2-31	"Recovery" defined
	329 IAC 11-2-32	"Registered professional engineer" defined
	329 IAC 11-2-33	"Residue" defined
	329 IAC 11-2-34	"Resource recovery" defined
	329 IAC 11-2-35	"Salvaging" defined
	329 IAC 11-2-36	"Scavenging" defined
	329 IAC 11-2-37	"Site" defined
	329 IAC 11-2-38	"Sludge" defined
	329 IAC 11-2-39	"Solid waste" defined
	329 IAC 11-2-40	"Solid waste facility" or "facility" defined
	329 IAC 11-2-41	"Solid waste land disposal facility" defined
	329 IAC 11-2-42	"Solid waste management" defined
	329 IAC 11-2-45	"Surface impoundment" defined
	329 IAC 11-2-46	"Surface water" defined
	329 IAC 11-2-47	"Transfer station" defined
	329 IAC 11-2-49	"Washout" defined
	329 IAC 11-2-51	"Waters" defined
	329 IAC 11-3-2	Exclusion; hazardous waste
	329 IAC 11-4-2	Maintenance, monitoring, or correcting nuisance; permittee responsibility
	329 IAC 11-4-3	Elimination of threats to human health or the environment
	329 IAC 11-4-4	Remedial action
	329 IAC 11-5-5	Renewal of permit by existing permittee
	329 IAC 11-8	Solid Waste Processing Facility Classifications and Waste Criteria
	329 IAC 11-9-3	Signatories to permit application and reports
	329 IAC 11-9-6	Insignificant facility modifications
	329 IAC 11-10	Action on Permit and Renewal Permit Applications
	329 IAC 11-11-2	Issuance procedures; renewal procedures
	329 IAC 11-11-3	Duration of permits
	329 IAC 11-11-4	Effect of permit issuance
	329 IAC 11-12-1	Operation approval
	329 IAC 11-14	Solid Waste Processing Facilities; Quarterly Tonnage Reports
	329 IAC 11-15-2	Municipal waste transportation manifests
	329 IAC 11-15-4	Responsibilities of the owners or operators of the solid waste processing facilities
	329 IAC 11-15-6	Violations
	329 IAC 11-16-1	Closure plans and closure financial responsibility
	329 IAC 11-16-2	Financial responsibility and post-closure requirements for transfer stations
	329 IAC 12	SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION
	329 IAC 16-1	General Provisions
	329 IAC 16-2	Definitions
	329 IAC 16-3	Exclusions
	329 IAC 16-4	Thermal or Chemical Treatment
	329 IAC 16-5	Registration
	329 IAC 16-6	Storage Requirements
	329 IAC 16-7	Operational Requirements
	329 IAC 16-8	Employee Training
	329 IAC 16-9	Disposal of E-Waste
	329 IAC 16-11	Financial Assurance
	329 IAC 18	VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS

RULES TO EXPIRE: None.

AUTHORITY: IC 13-14-9.5

HISTORY

First Notice of Comment Period: May 22, 2013, Indiana Register (DIN: 20130522-IR-329130179BNA).

SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING

This rulemaking is required under IC 13-14-9.5, which provides for the expiration and readoption of administrative rules. The rules listed to be readopted have an expiration date of January 1, 2014. IDEM has chosen to readopt all affected rules at one time rather than readopt each rule separately as its expiration date approaches.

Under IC 13-14-9.5-4, the department or board that has rulemaking authority under Title 13 may readopt all rules subject to expiration under one rule that lists all rules that are readopted by their titles and subtitles only. If no comments are received during this first comment period, IDEM may submit the rule for filing with the Publisher under IC 4-22-2-35 and publish notice in the Indiana Register that the agency has readopted the rule.

STATUTORY AND REGULATORY REQUIREMENTS

IC 13-14-9.5-4 requires that the following procedures be followed to readopt rules:

(1) A notice listing all rules to be readopted by their titles and subtitles shall be submitted to Legislative Services Agency for publication in the Indiana Register.

(2) If a person submits a written request and a basis for the request during the first comment period that a particular rule be readopted separately from the readoption rule that readopts all rules in one rulemaking, the agency must:

(A) readopt that rule separately from the readoption rule; and

(B) follow the procedure for adoption of administrative rules under IC 13-14-9 with respect to that rule.

(3) If no written request is provided within the first comment period, the agency may submit the rule for filing with the Publisher under IC 4-22-2-35 and publish a notice in the Indiana Register that the agency has readopted the rule.

NOTICE OF READOPTION

The following rules received no comments during the first notice of comment period requesting that a particular rule be readopted separately from the readoption rule that readopts all rules in one rulemaking and are not exempt from the readoption process under IC 13-14-9.5:

Therefore, the above-listed rules are readopted under IC 13-14-9.5-4. The rules will be submitted to the Publisher for filing and will be effective 30 days after that filing date. The rules will remain in effect until their next expiration date, January 1, 2020. However, all rules are subject to amendment or repeal under IDEM's regular rulemaking process found at IC 13-14-9.

LSA Document #13-179(F)

First Notice of Comment Period: 20130522-IR-329130179BNA

Filed with Publisher: July 29, 2013, 9:20 a.m.

Posted: 08/28/2013 by Legislative Services Agency

DIN: 20130828-IR-329130179BFA

Composed: Apr 19,2024 5:37:23PM EDT

A PDF version of this document.