TITLE 329 SOLID WASTE MANAGEMENT BOARD
Final Rule
LSA Document #05-181(F)
DIGEST
Amends 329 IAC 3.1-6-2 and 329 IAC 11-3-1 and adds 329 IAC 16 concerning electronic waste (e-waste) to set standards for storage, processing, and disposal of e-waste that are consistent with the federal and state hazardous waste and solid waste laws and rules. Effective 30 days after filing with the Publisher.
First Notice of Comment Period: August 1, 2005, Indiana Register (28 IR 3357).
Continuation of First Notice of Comment Period: February 1, 2006, Indiana Register (29 IR 1771).
Date of First Hearing: January 16, 2007.
Date of Second Hearing: May 15, 2007.
329 IAC 3.1-6-2 Exceptions and additions; identification and listing of hazardous waste
Authority: IC 13-14-8; IC 13-22-2-4
Sec. 2. Exceptions and additions to federal standards for identification and listing of hazardous waste are as follows:
(1) This rule identifies only some of the materials that are solid waste as defined by IC 13-11-2-205(a) and hazardous waste as defined by IC 13-11-2-99(a), including IC 13-22-2-3(b). A material that is not defined as a solid waste in this rule, or is not a hazardous waste identified or listed in this rule, is still a solid waste and a hazardous waste for purposes of this article if, in the case of:
(A) IC 13-14-2-2, the commissioner has reason to believe that the material may be a solid waste within the meaning of IC 13-11-2-205(a) and a hazardous waste within the meaning of IC 13-11-2-99(a); or (2) Delete 40 CFR 261.2(f) and substitute the following: Respondents in actions to enforce regulations implementing IC 13 who raise a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, must demonstrate that there is a known market or disposition for the material and that they meet the terms of the exclusion or exemption. In doing so, they must provide appropriate documentation to demonstrate that the material is not a waste or is exempt from regulation. An example of appropriate documentation is a contract showing that a second person uses the material as an ingredient in a production process. In addition, owners or operators of facilities claiming that they actually are recycling materials must show that they have the necessary equipment to do so. (3) References to the "administrator" in 40 CFR 261.10 through 40 CFR 261.11 means the SWMB.
(4) In addition to the requirements outlined in 40 CFR 261.6(c)(2), owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to 40 CFR 265.10 through 40 CFR 265.77.
(5) In addition to the listing of federal hazardous waste incorporated by reference in section 1 of this rule, the wastes listed in section 3 of this rule are added to the listing.
(6) In 40 CFR 261.4(e)(3)(iii), delete the words "in the Region where the sample is collected".
(7) Delete 40 CFR 261, Appendix IX.
(8) In 40 CFR 261.21(a)(3), delete "an ignitable compressed gas as defined in 49 CFR 173.300" and substitute "a flammable gas as defined in 49 CFR 173.115(a)".
(9) In 40 CFR 261.21(a)(4), delete "an oxidizer as defined in 49 CFR 173.151" and substitute "an oxidizer as defined in 49 CFR 173.127".
(10) Delete 40 CFR 261.23(a)(8) and substitute "It is a forbidden explosive as defined in 49 CFR 173.54; or would have been a Class A explosive as defined in 49 CFR 173.54 prior to HM-181, or a Class B explosive as defined in 49 CFR 173.88 prior to HM-181.".
(11) Delete 40 CFR 261.1(c)(9) through 40 CFR 261.1(c)(12).
(12) Delete 40 CFR 261.4(a)(13) and substitute section 4 of this rule.
(13) Delete 40 CFR 261.4(a)(14) and substitute section 4 of this rule.
(14) Delete 40 CFR 261.6(a)(3)(ii) and substitute section 4 of this rule.
(15) Delete 40 CFR 261.2(e)(1)(i) dealing with use or reuse of secondary materials to make products and substitute section 5 of this rule.
(16) In 40 CFR 261.5(j), delete "if it is destined to be burned for energy recovery" in two (2) places.
(17) The conditional exclusions from the definition of solid waste for some zinc fertilizers made from recycled hazardous secondary materials in 40 CFR 261.4(a)(20) and 40 CFR 261.4(a)(21) do not apply to any of the following industries until July 1, 2005:
| |
| Industry | Standard Industry Classification Code |
| Blast furnaces and steel mills | 3312 |
| Gray and ductile iron foundries | 3321 |
| Malleable iron foundries | 3322 |
| Steel investment foundries | 3324 |
| Steel foundries | 3325 |
| Aluminum foundries | 3365 |
| Copper foundries | 3366 |
| Nonferrous foundries | 3369 |
(18) In addition to the solid wastes excluded in 40 CFR 261.4(b), electronic waste or e-waste is excluded, which is any of the following or has the following component:
(A) A circuit board, including a shredded circuit board.
(B) A diode.
(C) A CRT.
(D) A computer.
(E) An electronic device.
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Sec. 1. The following solid waste management activities are not subject to the provisions of this article:
(1) Disposing of only uncontaminated rocks, bricks, concrete, road demolition waste materials, or dirt.
(3) Confined feeding control activities regulated by IC 13-18-10. (4) Wastewater discharge activities regulated by 327 IAC 5. (5) Processing, except for incineration, in which the waste, other than tires, has been segregated from the general solid waste stream prior to before arrival at the processing site.
(6) Processing, except for incineration, of solid waste that takes place at the generating facility.
(7) Processing and disposal of uncontaminated and untreated natural growth solid waste, including tree limbs, stumps, leaves, and grass clippings.
(8) Disposal of sawdust that is derived from processing untreated natural wood.
(9) The disposal of coal ash, transported by water, into an ash pond that has received a water pollution control facility construction permit under 327 IAC 3. (10) The operation of surface impoundments; however, the final disposal of solid waste in such facilities at the end of their operation is subject to approval by the commissioner except as excluded under subdivisions (9) and (11).
(11) The disposal of coal ash at a site receiving a total of less than one hundred (100) cubic yards per year from generators who each produce less than one hundred (100) cubic yards per year.
(12) Uses and disposal of coal waste as exempted from regulation in IC 13-19-3-3. (13) The legitimate use of iron and steelmaking slags, including the use as a base for road building, but not including use for land reclamation except as allowed under subdivision (15).
(14) The legitimate use of foundry sand which that has been demonstrated as suitable for restricted waste site Type III under the provisions of 329 IAC 10-9, including the use as a base for road building, but not including use for land reclamation except as allowed under subdivision (15). (15) Other uses of solid waste may be approved by the commissioner if the commissioner determines them to be legitimate uses that do not pose a threat to public health and the environment.
(16) Processing or storage of electronic waste or e-waste, which is any solid waste that is the following or has the following component:
(A) A circuit board, including a shredded circuit board.
(B) A diode.
(C) A CRT.
(D) A computer.
(E) An electronic device.
SECTION 3. 329 IAC 16 IS ADDED TO READ AS FOLLOWS:
ARTICLE 16. ELECTRONICS WASTE MANAGEMENT
Rule 1. General Provisions
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 1. (a) This article regulates electronic waste through the following:
(1) Providing for the registration of facilities storing or processing electronic waste.
(2) Providing standards for storing or processing electronic waste.
(3) Providing cleanup and closure standards for storing or processing electronic waste.
(4) Providing financial assurance for the cleanup and closure of facilities storing or processing electronic waste.
(b) The purpose of this article is to implement the following statutes relative to electronic waste:
(2) IC 13-30-2-1(5) and IC 36-9-30-35 prohibiting dumping, causing, or allowing the open dumping of garbage or of other solid waste.
(c) This article replaces all hazardous waste standards and requirements under 329 IAC 3.1 for e-waste that is a hazardous waste, except disposal or incineration requirements under 329 IAC 16-9-1 and except export requirements.
(d) This article replaces all solid waste processing standards and permitting requirements under 329 IAC 11 for e-waste, except disposal or incineration requirements under 329 IAC 16-9-1.
(Solid Waste Management Board; 329 IAC 16-1-1; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 2. This article applies to a person doing any of the following to e-waste:
(1) Collecting.
(2) Brokering.
(3) Storing.
(4) Recycling.
(5) Reselling.
(6) Dismantling.
(7) Demanufacturing.
(Solid Waste Management Board; 329 IAC 16-1-2; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 3. If any provision of this article or the application to any person or circumstance is held invalid, the invalidity shall not affect any other provisions or application of this article that can be given effect without the invalid provision or application.
(Solid Waste Management Board; 329 IAC 16-1-3; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 4. No person registered under this article shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner that creates a threat to human health or the environment, including the creating of:
(1) a fire hazard;
(2) a vector attraction;
(3) air, land, or water pollution; or
(4) other contamination.
(Solid Waste Management Board; 329 IAC 16-1-4; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 5. Penalties for violation of this article shall be governed by IC 13-14 and IC 13-30.
(Solid Waste Management Board; 329 IAC 16-1-5; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 6. If not specified in the federal regulations incorporated by reference, the version of materials incorporated by reference in those federal regulations is the version that was in effect on the effective date of this article.
(Solid Waste Management Board; 329 IAC 16-1-6; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Rule 2. Definitions
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 1. In addition to the definitions in IC 13-11-2 that are applicable, the definitions in this rule apply throughout this article.
(Solid Waste Management Board; 329 IAC 16-2-1; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-2-2 "Cathode ray tube" or "CRT" defined
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 2. "Cathode ray tube" or "CRT" means a vacuum tube composed primarily of leaded glass, which is:
(1) the visual or video display component of an electronic device; and
(2) used to convert an electrical signal into a visual image.
A used, intact CRT means a CRT whose vacuum has not been released. A used, broken CRT means glass removed from its housing or casing whose vacuum has been released.
(Solid Waste Management Board; 329 IAC 16-2-2; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-2-3 "Chemical treatment" defined
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 3. "Chemical treatment" means a process that uses chemicals or a variety of chemical processes to treat e-waste to:
(1) recover useable materials;
(2) reduce the volume; or
(3) render the e-waste less toxic.
(Solid Waste Management Board; 329 IAC 16-2-3; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 4. "Circuit board" means a board in a computer or electronic device that holds integrated circuits and other electronic components.
(Solid Waste Management Board; 329 IAC 16-2-4; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 5. "Closure" means the activities to be completed at the registered facility at the end of electronic waste acceptance, including:
(1) removal, proper recycling, or disposal of all e-waste and electronic debris at the registered facility; and
(2) notification to the commissioner.
(Solid Waste Management Board; 329 IAC 16-2-5; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 6. "Contaminant" has the definition set forth in IC 13-11-2-42.
(Solid Waste Management Board; 329 IAC 16-2-6; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-2-7 "Contingency action plan" defined
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 7. "Contingency action plan" means a document setting out an organized, planned, and coordinated course of action to be followed in case of an emergency, such as a fire, explosion, or release of solid waste byproducts, such as gases or chemical contaminants or leachate that could threaten human health or the environment.
(Solid Waste Management Board; 329 IAC 16-2-7; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 8. "Demanufacturing" means any manual or mechanical processing by sorting of electronic waste into metallic and nonmetallic parts in order to reuse or recycle components and commodities contained within.
(Solid Waste Management Board; 329 IAC 16-2-8; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
(Solid Waste Management Board; 329 IAC 16-2-9; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 10. "Discard" means to abandon by:
(1) disposal;
(2) burning or incinerating, including being burned as a fuel for the purpose of recovering usable energy; or
(3) accumulating, storing, or physically or chemically treating, other than burning or incinerating, instead of or before disposal.
(Solid Waste Management Board; 329 IAC 16-2-10; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
(Solid Waste Management Board; 329 IAC 16-2-11; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-2-12 "Electronic component" defined
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 12. "Electronic component" means parts from an electronic device, such as a:
(1) diode;
(2) resistor;
(3) capacitor; or
(4) coil.
(Solid Waste Management Board; 329 IAC 16-2-12; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 13. "Electronic debris" means solid waste, electronic fluff, and residue generated from electronic waste processing or storage.
(Solid Waste Management Board; 329 IAC 16-2-13; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 14. "Electronic device" means a product or apparatus that:
(1) has its primary functions provided by electronic circuitry and components; and
(2) may contain a CRT.
(Solid Waste Management Board; 329 IAC 16-2-14; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-2-15 "Electronic device refurbishing" defined
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 15. "Electronic device refurbishing" means any activity or process to repair or rebuild electronic device so that the electronic device can be:
(1) offered for resale or reuse; and
(2) used for its original intended purpose.
(Solid Waste Management Board; 329 IAC 16-2-15; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 16. "Electronic fluff" means the residue of nonmetallic waste after shredding of electronic waste has occurred.
(Solid Waste Management Board; 329 IAC 16-2-16; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-2-17 "Electronic waste" or "e-waste" defined
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 17. (a) "Electronic waste" or "e-waste" means any waste that is one (1) or more of the following or has one (1) or more of the following components:
(1) A circuit board.
(2) An electronic component, such as a:
(A) diode;
(B) resistor;
(C) capacitor; or
(D) coil.
(3) A display device, such as:
(A) a CRT;
(B) a liquid crystal display screen;
(C) a plasma display screen; or
(D) another such display device.
(4) A computer.
(5) An electronic device.
(b) Electronic waste or e-waste is commonly called electronic scrap or e-scrap.
(c) The term does not include the following:
(Solid Waste Management Board; 329 IAC 16-2-17; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-2-18 "Electronic waste broker" defined
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 18. "Electronic waste broker" means a person who engages in the:
(1) buying;
(2) selling; and
(3) trading;
of electronic waste without demanufacturing.
(Solid Waste Management Board; 329 IAC 16-2-18; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-2-19 "Electronic waste collection" defined
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 19. "Electronic waste collection" means actively:
(1) accumulating;
(2) gathering; or
(3) consolidating;
discarded electronic waste.
(Solid Waste Management Board; 329 IAC 16-2-19; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-2-20 "Electronic waste collection facility" defined
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 20. "Electronic waste collection facility" means a facility or place where the collection of discarded electronic waste or electronic debris is actively:
(1) accumulated;
(2) gathered; or
(3) consolidated.
(Solid Waste Management Board; 329 IAC 16-2-20; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-2-21 "Electronic waste collector" defined
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 21. "Electronic waste collector" means a person who actively:
(1) accumulates;
(2) gathers; or
(3) consolidates;
electronic waste that is generated by other persons. An electronic waste broker may also be an electronic waste collector.
(Solid Waste Management Board; 329 IAC 16-2-21; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-2-22 "Electronic waste processing" defined
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 22. "Electronic waste processing" means any activity that processes or recycles e-waste into materials for resale or reuse.
(Solid Waste Management Board; 329 IAC 16-2-22; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-2-23 "Electronic waste processing facility" defined
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 23. "Electronic waste processing facility" means any facility that is required to be registered under this article to recycle or process electronic waste, such as by one (1) or more of the following:
(1) Manual dismantling.
(2) Mechanical dismantling.
(3) Demanufacturing.
(4) Chemical treatment.
(5) Electronic device refurbishing.
(6) Grinding, shredding.
(7) Thermal treatment.
(8) Smelting.
(9) Mechanical destruction.
(Solid Waste Management Board; 329 IAC 16-2-23; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-2-24 "Electronic waste processor" defined
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 24. "Electronic waste processor" means a person that owns or operates a facility that is registered under this article to:
(1) store;
(2) recycle; or
(3) process;
electronic waste.
(Solid Waste Management Board; 329 IAC 16-2-24; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-2-25 "Electronic waste recycling" defined
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 25. "Electronic waste recycling" means any process by which discarded electronic waste is collected, processed, and returned to use in the form of raw material or products. The term may include, but is not limited to, the following:
(1) Demanufacturing.
(2) Electronic waste processing.
(3) Electronic waste refurbishing.
(Solid Waste Management Board; 329 IAC 16-2-25; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 26. "Financial assurance" means, for the purposes of this article, a bond acquired by the owner, operator, or registrant of the registered facility in an amount sufficient to provide for:
(1) remediation of contamination at the registered facility; and
(2) closure of the registered facility.
(Solid Waste Management Board; 329 IAC 16-2-26; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 27. "Generator" means the person that discards an electronic device so that it becomes electronic waste that is either solid waste or hazardous waste.
(Solid Waste Management Board; 329 IAC 16-2-27; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 28. "Hazardous waste" has the meaning set forth in 329 IAC 3.1.
(Solid Waste Management Board; 329 IAC 16-2-28; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-2-29 "Household hazardous waste" defined
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 29. "Household hazardous waste" means hazardous waste:
(1) generated by a household; and
(2) exempt from the requirements of the hazardous waste rules at 329 IAC 3.1.
(Solid Waste Management Board; 329 IAC 16-2-29; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 30. "Landowner" means an owner of real property, as described in the recorded deed and the current county or counties plats. For purposes of this article, the term includes the lessee of the land.
(Solid Waste Management Board; 329 IAC 16-2-30; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 31. "Manual dismantling" means workers taking e-waste apart by hand, resulting in smaller components.
(Solid Waste Management Board; 329 IAC 16-2-31; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-2-32 "Mechanical destruction" defined
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 32. "Mechanical destruction" means to demolish e-waste with the use of equipment.
(Solid Waste Management Board; 329 IAC 16-2-32; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-2-33 "Mechanical dismantling" defined
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 33. "Mechanical dismantling" means taking apart e-waste, by using equipment, resulting in smaller components.
(Solid Waste Management Board; 329 IAC 16-2-33; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 34. "Operator" means the person responsible for managing and overseeing a facility regulated under this article.
(Solid Waste Management Board; 329 IAC 16-2-34; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 35. "Owner" means the person who owns a facility regulated under this article.
(Solid Waste Management Board; 329 IAC 16-2-35; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
(Solid Waste Management Board; 329 IAC 16-2-36; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-2-37 "Polychlorinated biphenyl" or "PCB" defined
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 37. "Polychlorinated biphenyl" or "PCB" means a chemical comprised of biphenyl molecules that:
(1) has been chlorinated to varying degrees; and
(2) for the purposes of this article, is regulated under 329 IAC 4.1.
(Solid Waste Management Board; 329 IAC 16-2-37; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 38. "Registered facility" means the e-waste:
(1) storage;
(2) recycling; or
(3) processing;
facility that is registered under this article.
(Solid Waste Management Board; 329 IAC 16-2-38; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 39. "Registrant" means the person who has registered a facility under this article.
(Solid Waste Management Board; 329 IAC 16-2-39; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 40. "Registration" means the notification to and the approval by the commissioner regarding an electronic waste processing facility that:
(1) meets the requirements for registration; and
(2) must register under this article.
(Solid Waste Management Board; 329 IAC 16-2-40; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 41. "Residue" means, for the purposes of this article, any discarded solid waste remaining after e-waste demanufacturing or processing of e-waste.
(Solid Waste Management Board; 329 IAC 16-2-41; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 42. "Retailer" means a person who sells an electronic device in the state to a consumer. The term includes a manufacturer of an electronic device who sells directly to a consumer through any means, including transactions conducted through:
(1) sales outlets;
(2) catalogs;
(3) the Internet; or
(4) any similar electronic means.
(Solid Waste Management Board; 329 IAC 16-2-42; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-2-43 "Short term electronic waste collection and storage" defined
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 43. "Short term electronic waste collection and storage" means any activity that lasts less than ten (10) consecutive calendar days:
(1) involving the collection of e-waste that is not on the premises of a registered facility; and
(2) in which all e-waste that has been collected is removed and transported within five (5) business days after the collection to:
(A) a properly registered or permitted facility; or
(B) an appropriate facility out of state.
(Solid Waste Management Board; 329 IAC 16-2-43; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
(Solid Waste Management Board; 329 IAC 16-2-44; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-2-45 "Speculative accumulation" defined
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 45. "Speculative accumulation" means the storage before processing or recycling of large quantities of electronic waste without a current outlet.
(Solid Waste Management Board; 329 IAC 16-2-45; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 46. "Storage" means the retention, containment, or accumulation of e-waste on a temporary basis in such a manner that it does not:
(1) threaten or potentially threaten human health; or
(2) impact or potentially impact the environment.
The term does not include speculative accumulation.
(Solid Waste Management Board; 329 IAC 16-2-46; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 47. "Storage facility" means a registered facility or place where the storage of:
(1) electronic waste;
(2) electronic debris; or
(3) residue;
is conducted.
(Solid Waste Management Board; 329 IAC 16-2-47; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 48. "Thermal treatment" means a facility that uses any method, technique, or process that elevates the temperature to treat the e-waste, including:
(1) smelting to recover metals; or
(2) extrusion to recover plastics.
(Solid Waste Management Board; 329 IAC 16-2-48; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 49. "Waste determination" means the documented process of determining the qualitative and quantitative nature of a particular waste in order to establish the regulatory status of the waste and determine if the waste must be disposed of under the hazardous waste rules at 329 IAC 3.1, the PCB rules at 329 IAC 4.1, or the solid waste rules at 329 IAC 10. The regulatory status may be determined using either generator knowledge or testing by the methods in 40 CFR 261, Subpart C, or equivalent methods approved under 40 CFR 260.21 to ascertain the following:
(1) The waste is a hazardous waste under 40 CFR 262.11 and is regulated under 329 IAC 3.1 because of the following:
(A) The waste is not excluded from regulation under 40 CFR 261.4.
(B) The waste is a listed waste under 40 CFR 261, Subpart D.
(C) The waste exhibits characteristics specified in 40 CFR 261, Subpart C.
(2) The waste contains regulated amounts of PCBs and is regulated under 329 IAC 4.1.
(3) The waste is a solid waste and can be disposed of under 329 IAC 10.
(Solid Waste Management Board; 329 IAC 16-2-49; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Rule 3. Exclusions
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 1. The following are excluded from regulation under this article:
(1) A site where there is electronic waste in an amount equal to or less than forty-six thousand (46,000) pounds or twenty-three (23) tons enclosed in a building or an enclosed lockable trailer.
(2) Short term electronic waste collection and storage, where e-waste or electronic devices are removed within five (5) business days after the conclusion of the short term electronic waste collection and storage and removed and transported to:
(A) a facility registered under this article;
(B) a permitted facility; or
(C) an appropriate facility out of state.
(3) Brokers of electronic waste that do not take physical possession of the e-waste or electronic debris.
(4) Electronic device refurbishing or retailers of refurbished electronics.
(5) Facilities that:
(B) process and store the e-waste according to those permit requirements.
(6) Any storage or processing that takes place where the e-waste is generated, including households and conditionally exempt small quantity hazardous waste generators.
(7) Hazardous waste generators, other than conditionally exempt small quantity hazardous waste generators, are exempt from this article but in order to be exempt must comply with the following regarding e-waste that is intended for recycling:
(A) Storage and transportation of the e-waste that is hazardous waste must not cause contamination.
(B) Disposal must be accomplished according to 329 IAC 16-9.
(C) Storage of broken e-waste that is a hazardous waste must be in a building with a roof, floor, and walls or the broken e-waste that is hazardous waste must be placed in a container, such as a barrel or a vehicle that is constructed, filled, and closed to minimize releases to the environment including fines, which are small particles from the broken e-waste that is a hazardous waste.
(D) Each container, which contains only broken CRTs, must be labeled or marked clearly with one (1) of the following phrases: "Used cathode ray tube(s)–contains leaded glass" or "Leaded glass from televisions or computers". It must also be labeled: "Do not mix with other glass materials.".
(E) There can be no speculative accumulation, and the e-waste must be disposed of according to 329 IAC 16-9-1.
(F) Each container, which contains broken e-waste that is a hazardous waste other than CRTs, must be labeled or marked clearly "Electronic Waste".
(G) The broken CRTs and other broken e-waste that is a hazardous waste must be transported in a container that is constructed, filled, and closed to minimize identifiable releases to the environment including fines, which are small particles from the broken CRTs and broken e-waste that is a hazardous waste.
(8) Any recycling operation, such as a materials recovery facility, that may have incidental amounts of e-waste mixed with larger volumes of recyclables.
(Solid Waste Management Board; 329 IAC 16-3-1; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Rule 4. Thermal or Chemical Treatment
329 IAC 16-4-1 Requirements for facilities that process electronic waste by thermal treatment or chemical treatment
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 1. (a) Any facility or person that is processing e-waste by one (1) of the following methods must obtain a solid waste processing facility permit under 329 IAC 11, excluding the requirement for financial responsibility under 329 IAC 11-9-2(a)(9):
(1) Thermal treatment.
(2) Chemical treatment.
(b) Financial assurance under 329 IAC 16-11-1 applies to e-waste thermal treatment and chemical treatment facilities that obtain a permit under 329 IAC 11.
(Solid Waste Management Board; 329 IAC 16-4-1; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Rule 5. Registration
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 1. (a) The owners or operators of all applicable facilities listed under 329 IAC 16-1-2 are required to register, unless exempted under 329 IAC 16-3-1 or permitted under 329 IAC 16-4-1. A registration is for a fixed term not to exceed five (5) years.
(b) The registration form must be:
(1) filled out completely; and
(2) submitted to the commissioner on a form or in a format provided by the commissioner.
(c) The commissioner may require the registration to be submitted electronically, as specified in subsection (d), with an electronic signature.
(d) A registration may be submitted electronically via electronic media, such as the following:
(1) Magnetic storage tape or disk.
(2) Compact disc read-only memory or CD-ROM.
(3) Electronic mail or attachments to electronic mail.
(4) File transfer protocol or FTP.
(5) Hypertext transfer protocol or HTTP.
(e) The registration must be renewed as follows:
(1) At least every five (5) years or when the process at the facility changes, or when the amounts of e-waste or electronic debris specified in subsection (f)(5) change.
(2) The renewal form must be submitted at least sixty (60) days before the expiration date of the registration.
(f) The registration must include the following information:
(1) The name of the owner, operator, and landowner, if different from the registered facility owner.
(2) Addresses and telephone numbers for the owner, operator, and landowner.
(3) The location of the facility.
(4) The type of facility.
(5) The maximum amounts, in tons, of e-waste or electronic debris to be stored on site and the probable duration of storage in business days.
(6) Specify where electronic waste will be stored in:
(A) a building;
(B) containers; or
(C) vehicles.
(7) The material for the building floor for all areas where e-waste and electronic debris will be:
(A) stored; or
(B) processed.
(8) A detailed description of the:
(A) storage;
(B) handling;
(C) processing;
(D) treatment; and
(E) final disposition;
of the e-waste and electronic debris.
(9) The maximum total amount, in tons, of e-waste capable of being processed per day.
(10) Other permits from the department for the facility.
(11) The date the facility became operational or will be operational.
(12) A contingency action plan that specifies the following:
(A) An outline of the method or methods of waste disposal to be implemented if the registered facility is unable to operate or process.
(B) The maximum amounts of e-waste as specified in subdivision (5) and electronic debris on site at any one (1) time.
(C) Procedures for controlling:
(i) fire;
(ii) explosion;
(iii) spills; and
(iv) contamination.
(D) Areas where e-waste and electronic debris are contained or stored.
(E) A floor plan of the registered facility.
(F) A United States Geological Service (USGS) map that identifies the facility location and any access roads.
(G) Telephone numbers for the fire department responsible for responding to a fire or emergency at the registered facility.
(13) A description of any electronic debris resulting from the processing of e-waste.
(14) Cleanup procedures for the:
(A) storage;
(B) electronic waste processing;
(C) loading; and
(D) unloading;
areas.
(g) The owner or operator must sign and submit the following certification with the registration: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including a fine or imprisonment for a knowing violation. I further certify that
I am authorized to submit this information.".
(h) The commissioner or a designee may deny, limit the length of, or place additional conditions on a registration if the commissioner determines one (1) or more of the following:
(1) The commissioner, under IC 13-15-7, has revoked the applicant's previous registration under this article.
(2) The registration form is incomplete.
(i) The issuance of a registration does not:
(1) convey any property right of any sort or any exclusive privileges;
(2) authorize any injury to persons or private property or invasion of other private rights or any infringement of federal, state, or local laws or regulations; or
(3) preempt any duty to comply with other state or local requirements.
(j) The commissioner or a designee may revoke or modify a registration issued under this article for any of the following reasons:
(1) Violation of a requirement of this article or a condition of the registration.
(2) Failure to disclose all relevant facts in obtaining a registration under this article.
(3) A misrepresentation made in obtaining a registration under this article.
(4) Failing to meet the requirements for a registration.
(5) Failure to correct a condition as agreed to in an Agreed Order with the department or, within the time established in the Agreed Order, come into compliance with:
(A) the registration;
(B) this article; or
(C) both.
(k) If a registration is modified, denied, or revoked under this article, the owner or operator may appeal under IC 4-21.5-3.
(l) A registration is not transferable. A new owner or operator:
(1) must submit a registration form to the commissioner thirty (30) days in advance of taking ownership of the facility; and
(2) may operate the facility in the interim.
(Solid Waste Management Board; 329 IAC 16-5-1; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
329 IAC 16-5-2 Transition for submitting registration
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 2. (a) All owners or operators that are required to register under this article must submit a registration form within sixty (60) days after the effective date of this article. These facilities may continue to operate during the sixty (60) day period between the effective date and the submittal of the registration.
(b) No new facility that is required to submit a registration under this article may operate without submitting a registration form.
(Solid Waste Management Board; 329 IAC 16-5-2; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Rule 6. Storage Requirements
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 1. (a) All registered facilities must store e-waste, electronic debris, and any residue in one (1) of the following:
(1) A building that is weather tight.
(2) A closed container.
(3) A covered vehicle.
(b) Any container holding e-waste or electronic debris must have at least a six (6) inch wide by six (6) inch high label with the following legible information:
(1) The contents of the container specific to the e-waste or electronic debris.
(2) The date of delivery at the registered facility or date of recontainment.
(c) Speculative accumulation of electronic waste is not allowed. Facilities registered under this article must engage in only legitimate recycling as demonstrated by the following:
(1) The owner or operator of the electronic waste processing facility must have a plan to reuse or recycle the e-waste that provides or shows the following:
(A) Identification of the following:
(i) The component or components of the electronic waste to be reused, recycled, or processed.
(ii) The manner in which the electronic waste is intended to be reused, recycled, or processed.
(iii) The intended market or markets for the component or components of the electronic waste.
(B) A reason why any electronic waste is being stored for periods exceeding one (1) year. Reasons may include the following:
(i) Storage is necessary to accumulate sufficient quantities for shipment or processing that saves additional costs.
(ii) Facilities, equipment, or technologies necessary for processing is currently unavailable but reasonably expected to be available within the foreseeable future.
(C) The electronic waste is stored in a manner:
(i) reflecting its value as a commodity; and
(ii) in accordance with this rule.
(2) The electronic waste processing facility must maintain records of electronic waste coming into the electronic waste processing facility and materials leaving the electronic waste processing facility, including the following:
(A) The total amount of e-waste received.
(B) The total amount of e-waste or material shipped from the facility for recycling or reuse.
(C) The total amount of e-waste, solid waste, or hazardous waste shipped from the facility for disposal.
(3) Amounts of e-waste, material, solid waste, and hazardous waste:
(A) must be measured in weight only; and
(B) may be kept in a consistent manner either daily, weekly, or monthly.
(4) Shipping papers and manifests as applicable for shipments of e-waste received and e-waste, solid waste, and hazardous waste shipped from the facility shall be maintained by the facility for a period of three (3) years.
(d) The building must have fire-extinguishing equipment that complies with the Indiana Fire Code as adopted by the Fire Prevention and Building Safety Commission at 675 IAC 22. Adequate measures must be in place to control fire hazards, and contingency action plans required under 329 IAC 16-7-1(c)(2) must be submitted to the local fire department that services the area.
(e) The building, container, or vehicle storing e-waste must:
(1) have access controls in place, such as a locked door or fence with locked gate; and
(2) be secured during nonbusiness hours.
(f) The land, building, vehicles, and containers must be maintained clean and free of other solid waste, other than in designated storage areas, except for incidental amounts of solid waste that is not e-waste.
(g) Storage, including the retention, containment, or accumulation of solid waste, other than e-waste, on a temporary basis must be done in such a manner that it does not:
(1) threaten or potentially threaten human health; or
(2) impact or potentially impact the environment.
However, it must be a rebuttable presumption that storage of electronic debris, excluding waste that is a hazardous waste subject to regulation under 329 IAC 3.1 and e-waste, for more than six (6) months constitutes discarding and disposal.
(Solid Waste Management Board; 329 IAC 16-6-1; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Rule 7. Operational Requirements
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 1. (a) A building used for processing or storage of e-waste must have the following:
(1) A sign at least one (1) foot high by two (2) feet wide prominently displayed by the door and legibly containing the following information in letters at least one (1) inch high:
(A) The name of the facility.
(B) The hours the registered facility is open to accept e-waste from the public. If the facility does not accept e-waste from the public, this information can be omitted.
(C) The registration number.
(D) Clearly says the following, "Electronic waste is stored and/or processed inside.".
(E) The name and telephone number of a designated emergency contact person.
(2) A roof, a floor that is concrete or other impervious surface, and the building is completely enclosed.
(3) Adequate measures must be in place to control fire hazards, and equipment must be available to control fires. Contingency action plans required under subsection (c)(2) must be submitted to the local fire department that services the area.
(4) A telephone, cellular telephone, or radio communication device available when employees are present and the building is in use.
(b) Containers and vehicles that contain e-waste for processing or that has been processed must have at least a six (6) inches wide by six (6) inches high label attached that contains the following legible information:
(1) The contents of the container specific to the e-waste or electronic debris.
(2) The date, within three (3) days, when the container becomes full.
(c) The owner or operator shall record and retain at the registered facility, or in an alternative location approved by the commissioner, all records, reports, or audits required by this article until certification of closure is deemed adequate by the commissioner under 329 IAC 16-10-1(e). The following information must be retained:
(1) A paper copy or an accessible copy of the electronically submitted registration.
(2) A contingency action plan as required under 329 IAC 16-5-1(f)(12).
(5) The results of any waste determination tests on electronic debris and residues generated by the registered facility.
(d) The following must be furnished as required and made available during normal operating hours for inspection by any officer, employee, or representative of the commissioner:
(1) All records required by this article.
(2) All test results of electronic debris and residues generated by the registered facility and disposed.
(e) No hazardous waste that is regulated by 329 IAC 3.1 shall be processed at any registered facility, except for e-waste as defined in this article, unless the facility is permitted under 329 IAC 3.1 to process hazardous waste.
(Solid Waste Management Board; 329 IAC 16-7-1; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Rule 8. Employee Training
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 1. (a) Annually, the registrant must provide information to all employees who handle or have responsibility for managing the electronic waste. The information must describe proper handling and safety and emergency procedures appropriate to the type of e-waste and other materials handled at the registered facility.
(b) A training log must be maintained on site by the registrant until certification of closure is deemed adequate by the commissioner under 329 IAC 16-10-1(e) and contain the following information:
(1) A copy of the information provided to the employees.
(2) The:
(A) names of the employees that received the information; and
(B) date received by the employee.
(Solid Waste Management Board; 329 IAC 16-8-1; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Rule 9. Disposal of E-Waste
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 1. Persons, generators, owners, operators, or registrants disposing of e-waste or electronic debris must conduct a waste determination and dispose as applicable at either of the following:
(1) A facility permitted in Indiana under the following:
(2) An appropriate facility out of state.
(Solid Waste Management Board; 329 IAC 16-9-1; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Rule 10. Closure
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 1. (a) The owner, operator, or registrant must notify the commissioner at least fourteen (14) days before the date when the registered facility permanently ceases accepting e-waste.
(b) All e-waste and electronic debris must be:
(1) removed from the:
(A) building;
(B) land;
(C) containers; and
(D) vehicles; and
within sixty (60) days of the registered facility no longer accepting e-waste.
(c) Any contaminants resulting from the e-waste storage or processing that are above RISC industrial levels must be contained, removed, and disposed of according to 329 IAC 16-9-1. This requirement does not include any contaminants existing before the storage or processing of e-waste.
(d) A registered facility must be certified closed under subsection (e) after all waste is removed and disposed of in accordance with 329 IAC 3.1, 329 IAC 10, or 329 IAC 13, as applicable.
(e) The owner, operator, or registrant must send a certification statement indicating that the requirements of this section have been met to the commissioner within thirty (30) days after completion of the closure. The closure certification will be deemed adequate unless within ninety (90) days of receipt of the closure certification, the commissioner issues a notice of deficiency of closure, including actions necessary to correct the deficiency.
(f) After the closure certification is deemed adequate by the commissioner, the owner, operator, or registrant of the registered facility is released from the obligation of maintaining closure financial responsibility.
(Solid Waste Management Board; 329 IAC 16-10-1; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Rule 11. Financial Assurance
329 IAC 16-11-1 Financial assurance for cleanup and closure
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Sec. 1. (a) All owners, operators, and registrants that are required to register under this article shall establish financial responsibility with the department for closure of the registered facility. The financial responsibility must be provided as a surety bond as specified in subsection (d) in the amount that will provide for closure of the registered facility in the event the owner, operator, or registrant has failed to close the registered facility.
(b) The amount that will provide for closure is determined by multiplying the maximum amount in tons of e-waste, electronic devices, and electronic debris on site at any one (1) time by two hundred dollars ($200).
(c) For electronic waste brokers handling only intact electronic devices, a contract with another person to pick up all electronic devices that is provided to the department will serve in lieu of the surety bond as required in subsection (a).
(d) The surety bond is established as follows:
(1) On:
(A) forms provided by the commissioner; or
(B) such other forms as approved by the commissioner.
(2) All surety bonds must contain the following:
(A) The establishment of penal sums in the amount determined by subsection (b).
(B) Provision that the surety will place the amount that will provide for closure into a standby trust fund, as directed by the commissioner, upon notice from the commissioner that the owner, operator, or registrant has failed to close the facility.
(C) Provision that the surety may not cancel the bond without first sending notice of cancellation by certified mail to the owner, operator, or registrant and the commissioner at least one hundred twenty (120) days before the effective date of the cancellation.
(D) Provision that the owner, operator, or registrant may not terminate the bond without prior written authorization by the commissioner.
(3) The surety company issuing the bond must be:
(A) among those listed as acceptable sureties for federal bonds in Circular 570 of the United States Department of the Treasury; and
(B) authorized to do business in Indiana.
(4) The surety will not be liable for deficiencies in the performance of closure by the owner, operator, or registrant after the closure certification is submitted to the commissioner.
(5) The owner, operator, or registrant shall establish a standby trust fund to be utilized in the event the owner, operator, or registrant fails to fulfill closure obligations and the bond guarantee is exercised. Such trust fund must be established in accordance with the following:
(A) On forms provided by the commissioner or forms as approved by the commissioner.
(B) The establishment of a standby trust fund in the amount determined by subsection (b) for commissioner-approved work done to close the facility.
(C) The requirement of successor trustees to notify the commissioner, in writing, of their appointment at least ten (10) days prior to the appointment becoming effective.
(D) The requirement that the funded trust is irrevocable unless terminated in writing by the commissioner.
(E) The requirement that all signatures be notarized by a notary public commissioned to be a notary public in the state of Indiana at the time of notarization.
(F) The requirement that the trustee is authorized to act as a trustee and is an entity whose operations are regulated and examined by a federal agency and state of Indiana agency.
(e) The owner, operator, or registrant may use a single surety bond to meet the requirements for more than one (1) facility. Evidence of financial responsibility submitted to the commissioner must include a list showing, for each facility, the following:
(1) The registration number, name, and address.
(2) The amount of funds available through the surety bond that must be not less than the sum of funds that would be available if a separate surety bond had been established and maintained for each facility.
(f) An owner, operator, or registrant shall do the following:
(1) Notify the commissioner by certified mail within ten (10) days after commencement of a voluntary or involuntary proceeding under bankruptcy under 11 U.S.C. 101 et seq., October 1, 1979, naming the owner, operator, or registrant as debtor. An owner, operator, or registrant who has a surety bond shall be deemed to be without the required financial responsibility in the event of bankruptcy of the institution issuing the surety bond.
(2) Reestablish financial responsibility within sixty (60) days after such an event. The registered facility cannot operate outside the sixty (60) day period without establishing a surety bond for the amount required under subsection (b).
(g) In addition to any other penalties provided for in this article or in IC 13-14 and IC 13-30, any failure to obtain, maintain, or fund financial assurance as required by this rule within the prescribed time limits shall be:
(1) deemed to endanger human health or the environment; and
(2) grounds for a proceeding to revoke the facility's registration or to order final closure of the registered facility.
(h) After the closure certification is deemed adequate by the commissioner, the owner, operator, or registrant of the registered facility is released from the obligation of maintaining financial assurance under this article.
(Solid Waste Management Board; 329 IAC 16-11-1; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA)
Hearing Held: May 15, 2007
Approved by Attorney General: August 2, 2007
Approved by Governor: August 15, 2007
Filed with Publisher: August 15, 2007, 10:22 a.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Sandra El-Yusuf, IDEM Compliance and Technical Assistance Program, OPPTA - MC60-04, 100 North Senate Avenue, W-041, Indianapolis, IN 46204-2251, (317) 232-8578, selyusuf@idem.in.gov
Small Business Assistance Program Ombudsman: Eric Levenhagen, IDEM Small Business Assistance, Program Ombudsman, External Affairs - MC50-01, 100 North Senate Avenue, IGCN 1301, Indianapolis, IN 46204-2251, (317) 234-3386, elevenha@idem.in.gov
Posted: 09/12/2007 by Legislative Services Agency
DIN: 20070912-IR-329050181FRA
Composed: Apr 20,2024 12:07:43PM EDT
A PDF version of this document.
|
