TITLE 329 SOLID WASTE MANAGEMENT DIVISION
NOTICE OF READOPTION
IC 13-14-9.5-1.1 NOTICE OF RULE REVIEW
LSA Document #14-188
This is a notice of rule review as described in
IC 13-14-9.5-1.1. Certain rules described in
IC 13-14-9.5-1.1 do not expire after seven years. These types of rules are: (1) rules required to receive or maintain delegation, primacy, or approval for implementation or operation of a program established under federal law; and (2) rules required to begin or continue receiving federal funding for implementation or operation of a program.
The Indiana Department of Environmental Management (IDEM) is required to publish a list of these rules that have been effective for seven years and request comment, in a 30 day comment period, on any specific rule that should be reviewed through the regular rulemaking process under
IC 13-14-9. IDEM must also notice a public hearing before the Environmental Rules Board (board). IDEM will respond to all comments received during the comment period and provide the comments and responses to the board during the public hearing. The board, after considering the comments, responses, and testimony at the hearing, will direct IDEM on whether additional rulemaking actions must be started to address concerns raised to the board.
IC 13-14-9-4(a)(5) THROUGH IC 13-14-9-4(a)(7) IDENTIFICATION OF RESTRICTIONS AND REQUIREMENTS NOT IMPOSED UNDER FEDERAL LAW
IC 13-14-9.5-1.1 requires this notice to contain the information described under
IC 13-14-9-4(a)(5) through
IC 13-14-9-4(a)(7) regarding restrictions and requirements of the listed rules that are not imposed under federal law. The Resource Conservation and Recovery Act (RCRA) is the authorizing federal law for the management of solid waste. With the approval of the United States Environmental Protection Agency under 40 CFR 239, state programs regulate the disposal of solid waste, including the issuance of permits for land disposal facilities. Indiana has an approved state program. This rule is authorized under
IC 13-19-3-1.
The following is a list of rules in 329 IAC that have been effective for seven years and are: (1) required to receive or maintain delegation, primacy, or approval for implementation or operation of a program established under federal law; or (2) required to begin or continue receiving federal funding for implementation or operation of a program:
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| | 329 IAC 1 | GENERAL PROVISIONS |
| | 329 IAC 10-1 | General Provisions |
| | 329 IAC 10-2 | Definitions |
| | 329 IAC 10-2.5 | Definitions for Nonmunicipal Solid Waste Landfills, Construction/Demolition Sites and Restricted Waste Sites Types I, II, III, and IV |
| | 329 IAC 10-3 | Exclusions |
| | 329 IAC 10-4 | Open Dumping and Open Dumps |
| | 329 IAC 10-5 | Industrial On-Site Activities Needing Permits |
| | 329 IAC 10-6 | Previously Permitted Solid Waste Land Disposal Facilities and Sanitary Landfills Closed Prior to April 14 1996; Responsibilities |
| | 329 IAC 10-10 | Transition Requirements of Municipal Solid Waste Landfill Siting, Design, and Closure |
| | 329 IAC 10-11-1 | Permit requirements |
| | 329 IAC 10-11-2.1 | Permit application requirements; general |
| | 329 IAC 10-11-2.5 | Permit application for new land disposal facility and lateral expansions |
| | 329 IAC 10-11-3 | Signatories to permit application and reports |
| | 329 IAC 10-11-4.1 | Application for vertical expansions |
| | 329 IAC 10-11-5.1 | Renewal permit application |
| | 329 IAC 10-11-6 | Minor modification applications |
| | 329 IAC 10-11-6.5 | Research, development, and demonstration minor modification application |
| | 329 IAC 10-12 | Actions for Permit and Renewal Permit Application |
| | 329 IAC 10-13 | Permit Issuance and Miscellaneous Provisions |
| | 329 IAC 10-15-1 | General requirements |
| | 329 IAC 10-15-2 | Plot plan requirements |
| | 329 IAC 10-15-3 | Cross-sectional drawing and detail requirements |
| | 329 IAC 10-15-4 | Hydrogeologic site investigation report |
| | 329 IAC 10-15-5 | Description of proposed ground water monitoring well system |
| | 329 IAC 10-15-6 | Operational plan |
| | 329 IAC 10-15-7 | CQA/CQC plan and requirements |
| | 329 IAC 10-15-8 | Calculations and analyses pertaining to landfill design |
| | 329 IAC 10-15-10 | Leak detection plan |
| | 329 IAC 10-15-11 | Leachate contingency plan |
| | 329 IAC 10-15-12 | Storm water pollution prevention plan |
| | 329 IAC 10-16-1 | Airport siting restrictions |
| | 329 IAC 10-16-2 | Flood plain and floodway siting restrictions |
| | 329 IAC 10-16-3 | Wetlands siting restrictions |
| | 329 IAC 10-16-4 | Fault area siting restrictions |
| | 329 IAC 10-16-5 | Seismic impact zone siting restrictions |
| | 329 IAC 10-16-6 | Underground mine siting restrictions |
| | 329 IAC 10-16-7 | Unstable area siting restrictions |
| | 329 IAC 10-16-8 | Karst terrain siting restrictions |
| | 329 IAC 10-16-9 | Aquifer siting restrictions |
| | 329 IAC 10-16-10 | Endangered species siting restrictions |
| | 329 IAC 10-16-13 | Closure of existing municipal solid waste landfill units |
| | 329 IAC 10-17 | Municipal Solid Waste Landfill Liner System; Design, Construction, and CQA/CQC Requirements |
| | 329 IAC 10-20-1 | Access control |
| | 329 IAC 10-20-2 | On-site roads |
| | 329 IAC 10-20-3 | Signs |
| | 329 IAC 10-20-4 | Sanitation |
| | 329 IAC 10-20-6 | Salvaging |
| | 329 IAC 10-20-7 | Safety requirements |
| | 329 IAC 10-20-8 | Records and reports |
| | 329 IAC 10-20-9 | Open burning |
| | 329 IAC 10-20-10 | Waste deposit and compaction |
| | 329 IAC 10-20-11 | Diversion of surface water, run-on and run-off control systems, and monitoring |
| | 329 IAC 10-20-12 | Erosion and sedimentation control measures; general requirements |
| | 329 IAC 10-20-13 | Cover; general provisions |
| | 329 IAC 10-20-14 | Daily and intermediate cover requirements |
| | 329 IAC 10-20-14.1 | Alternative daily cover |
| | 329 IAC 10-20-15 | Cover storage sites and borrow pits requirements |
| | 329 IAC 10-20-16 | Grading and soil stabilization for intermediate cover and final cover |
| | 329 IAC 10-20-17 | Explosive gases |
| | 329 IAC 10-20-18 | Surface leachate control |
| | 329 IAC 10-20-19 | Liner leak detection program |
| | 329 IAC 10-20-20 | Leachate collection, removal, and disposal |
| | 329 IAC 10-20-21 | Leachate recycling |
| | 329 IAC 10-20-23 | Control program for regulated hazardous waste, PCB waste, and unauthorized solid waste |
| | 329 IAC 10-20-24 | Survey requirements |
| | 329 IAC 10-20-25 | Air criteria |
| | 329 IAC 10-20-26 | Surface water requirements |
| | 329 IAC 10-20-27 | Liquids restrictions |
| | 329 IAC 10-20-28 | Self-inspections |
| | 329 IAC 10-21 | Municipal Solid Waste Landfills; Ground Water Monitoring Programs and Corrective Action Program Requirements |
| | 329 IAC 10-22 | Municipal Solid Waste Landfills; Closure Requirements |
| | 329 IAC 10-23 | Municipal Solid Waste Landfills; Post-Closure Requirements |
| | 329 IAC 10-39-4 | Multiple facilities |
| | 329 IAC 10-39-5 | Joint financial responsibility for closure and post-closure |
| | 329 IAC 10-39-6 | Release of financial responsibility obligations |
| | 329 IAC 10-39-7 | Incapacity of permittee, guarantors, or financial institutions |
| | 329 IAC 10-39-8 | Penalty for failure to fund financial responsibility |
| | 329 IAC 10-39-9 | Release of funds |
REQUEST FOR PUBLIC COMMENTS
At this time, IDEM solicits comments on specific rules listed above that should be reviewed through the regular rulemaking process under
IC 13-14-9. IDEM requests that specific changes and language suggestions accompany the comments. Comments may be submitted in one of the following ways:
(1) By mail or common carrier to the following address:
LSA Document #14-188 2014 Title 329 Rule Review
Dan Watts
Rule Development Branch
Office of Legal Counsel
Indiana Department of Environmental Management
100 North Senate Avenue
Indianapolis, IN 46204
(2) By facsimile to (317) 233-5970. Please confirm the timely receipt of faxed comments by calling the Rule Development Branch at (317) 233-8903.
(3) By electronic mail to dwatts1@idem.in.gov. To confirm timely delivery of submitted comments, please request a document receipt when sending the electronic mail. PLEASE NOTE: Electronic mail comments will NOT be considered part of the official written comment period unless they are sent to the email address indicated in this notice.
(4) Hand delivered to the receptionist on duty at the thirteenth floor reception desk, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana.
Regardless of the delivery method used, in order to properly identify each comment with the rulemaking action it is intended to address, each comment document must clearly specify the LSA document number of the rulemaking.
Comments must be postmarked, faxed, or time stamped not later than July 4, 2014. Hand-delivered comments must be delivered to the office by 4:45 p.m. on the above-listed deadline date.
Additional information regarding this action may be obtained from Dan Watts, Rule Development Branch, Office of Legal Counsel, (317) 234-5345 or (800) 451-6027 (in Indiana).
Nancy King, Chief
Rule Development Branch
Office of Legal Counsel
Posted: 06/04/2014 by Legislative Services Agency
DIN: 20140604-IR-329140188BNA
Composed: Apr 25,2024 5:40:31AM EDT
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