By: Sue A. Shadley
GENERAL
1. Indiana has established an environmental protection hierarchy that
prioritizes pollution prevention over waste management or pollution
control (which includes recycling, waste treatment and disposal). Ind.
Code 13-12-5. But IDEM is prohibited from imposing pollution prevention
as conditions in permits. Pollution prevention can only be recommended
or offered as ways to settle environmental violations. Pollution Prevention
cannot be mandated.
2. Any policy that IDEM uses to implement, supplement or interpret its
laws and rules, must be maintained on a current list of all department
policies which must be updated monthly and available to the public.
In addition the policy must be published in the Indiana Register and
filed in the Indiana State Library, Historical Department. Ind. Code
13-14-1-11.
3. IDEM may have more stringent rules than the corresponding federal
rules.
4. Recycling in Indiana is voluntary not mandatory. Indiana has a goal
to reduce the amount of solid waste incinerated and disposed of in landfills
by 35% before January 1, 1996 and 50% before January 1, 2001.
5. Vertical height increases at solid waste landfills cannot be prohibited
or arbitrarily restricted by IDEM. IDEM had begun to deny all height
increases in order to force landfills into Subtitle D. When this legislative
provision was added, special requirements for applications for vertical
height increases were added as a compromise. Those requirements were
promulgated as rules which and took effect April 14, 1997 and are found
at 329 IAC 10-18. Ind. Code 13-19-3.
6. IDEM has an Office of Technical Assistance and Voluntary Compliance
that has as its purpose assisting regulated entities in achieving regulatory
compliance. Ind. Code 13-28-1. Legislation was passed in 1996 to create
this program. Inquires made are to be kept confidential unless a clear
and immediate danger to public health or the environment exists. That
office of IDEM may not share the information with other divisions of
IDEM without consent of the person who made the inquiry.
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7. Indiana has an environmental audit privilege statute for voluntarily
conducted audits. Such reports are privileged and not admissible as
evidence in a civil, criminal or administrative legal action, including
in IDEM enforcement actions. This privilege applies to audit reports
issued after July 1, 1994. The privilege does not apply if the audit
disclosed a need to have a permit and the person did not within 90 days
after the date it became aware of the noncompliance seek the required
permit. In criminal proceedings the privilege is somewhat relaxed. An
environmental audit includes a voluntary, internal and comprehensive
evaluation of a facility or an activity that is designed to identify
and prevent noncompliance with laws and improve compliance with laws
and that is conducted by an owner or operator of a facility or is an
activity by an employee of an owner or operator or by an independent
contractor. The Environment Audit Report must be labeled "Environmental
Audit Report; Privileged Document." Ind. Code 13-11-2-68, 69 and Ind.
Code 13-28-4. This protection has been somewhat diluted by a standard
condition IDEM now places in all solid waste permits requiring self
inspections and a record of violations noted. In addition in 1998 U.S.
EPA targeted Indiana's audit statute as one that it opposes. Currently
the Attorney General's Office is involved in trying to provide an opinion
that Indiana's audit law is consistent with EPA policy. Legislative
changes are anticipated in the 1999 legislative session.
8. Indiana regulates landfills other than those accepting municipal
waste. Those landfills include ones that accept industrial waste as
well as construction and demolition waste sites. Those rules are found
at 329 IAC 10-24 through 10-38 and are basically the same rules that
existed in 1989. IDEM is in the process of revising these rules at this
time.
9. Indiana has a Voluntary Remediation Program. Ind. Code 13-25-5. The
purpose of that program is to provide an alternative procedure to assure
compliance with the law and to encourage the voluntary remediation of
hazardous substances and petroleum. An application has to be filed to
seek to be governed under that program which requires a $1,000 fee.
An application can only be rejected for 3 reasons: (1) a state or federal
enforcement action concerning remediation of the hazardous substance
or petroleum is pending; (2) a federal grant requires an enforcement
action at the site; or (3) the application is not complete. Once accepted
into the program and a voluntary remediation agreement has been signed,
the state and citizens of the state are prevented from filing any legal
action for violation of the environmental laws or rules against the
person performing the cleanup under the VRP, so long as the person proceeds
under the VRP. Once IDEM determines that the Work Plan has been successfully
completed, a certificate of completion is issued. Once a certificate
of completion is issued, the Governor will also provide a covenant not
to sue. Throughout out the process IDEM has the right to withdraw its
approval of the voluntary remediation work plan if the person implementing
it fails substantially to comply or if the hazardous substance becomes
an imminent and substantial threat to human health or the environment.
Likewise, throughout the process the applicant has a right to withdraw
from the program. The applicant must pay IDEM's costs associated with
reviewing and overseeing the VRP project. By statute proceeding under
this law does not affect an action or a claim for contribution that
a person implementing or completing the VRP work plan has or may have
against a third party.
10. Indiana has a statute that provides for a legal action to be brought
against a person who caused or contributed to the release of a hazardous
substance or petroleum onto the surface, or into the subsurface or groundwater
where that release that poses a risk to human health and the environment.
That statutory remedy took effect on February 28, 1998. Under this statute
instead of providing for strict and joint liability, where any one party
can be held liable for the full cost, as is applicable under superfund,
specific equitable factors are provided for the court to consider in
allocated costs equitable among jointly liable parties. Ind. Code 13-30-9.
If a person has received a covenant not to use under the Voluntary Remediation
Program, that person cannot be sued under this statute by others. Further
if a contract allocates costs or responsibility for costs, the contract
controls, not this statute.
11. Indiana has a Responsible Property Transfer Law that requires certain
property transfer to include disclosures of environmental defects prior
to closing. Generally those properties are ones containing a facility
subject to reporting under the Community Right to Know Act, ones containing
one or more underground storage tanks for which notification is required
under the UST laws and ones on the CERCLIS list. Ind. Code 13-25-3.
12. Indiana has a "spill reporting" rule, promulgated by the Water Pollution
Control Board, that should be consulted any time there is an accidental
release and may be interpreted by IDEM to apply to discoveries of historical
releases that have caused contamination. This law even requires additional
spill reports for previously reported spills, if new information indicates
the impact is different than initially reported. 327 IAC 2-6.1
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PERMIT ISSUES
1. After a permit application for a solid waste land disposal facility
or processing facility is submitted to IDEM and until it is acted upon,
the applicant has an obligation to notify IDEM of changes that affect
that application within 15 days. Corrected information must be submitted
within a reasonable period of time. 329 IAC 10-11-1(b) and 11-9-1(b).
2. IDEM cannot issue any permit, license or variance to a person who
is on the most recent tax warrant list, until the delinquent tax has
been satisfied. Ind. Code 13-14-1-9.
3. Additional bases for denial of a land disposal permit include:
a. conviction of an environmental crime.
b. the applicant has previously had an Indiana solid waste permit revoked.
c. At the time of the permit decision the applicant is not in compliance
with the environmental laws or solid waste rules.
d. the applicant has a history of repeated violations of the environmental
laws or rules or permit conditions evidencing an inability or unwillingness
to comply with the requirements of the solid waste rules.
For processing facilities denial is allowed under items (a) and (b).
329 IAC 10-11-1(c) and 329 IAC 11-9-1(d).
4. Before submitting any solid waste permit application, the applicant
must already have proper zoning. 329 IAC 10-11-2(b)(14) and 329 IAC
11-9-2(a)(12).
5. The application for a municipal solid waste landfill permit must
include the plans and documents outlined in 329 IAC 10-15.
6. Initial permit terms are 5 years. A renewal permit may be issued
for a 10 year period. Ind. Code 13-15-3-2(a) & (b).
7. A solid waste land disposal or processing facility renewal application
must be submitted at least 120 days prior to expiration of the permit.
Failure to submit a complete application timely results in the permit
expiring and the facility must shut down until the renewal is issued
or a new permit is issued. 329 IAC 10-11-4 and 329 IAC 11-9-4(a).
8. You can continue to operate under an expired permit if you have timely
filed a sufficient renewal application until such time as a decision
is made on your renewal application. Ind. Code 13-15-3-6.
9. A minor modification application for any solid waste permit must
include information that IDEM determines is required based on the type
of minor modification being requested. 329 IAC 10-11-6.
10. IDEM must act within statutorily prescribed time frames for making
permit decisions. Failure to act within the time required by law entitles
you to a permit fee refund, or the right to require IDEM to hire a consultant
to review the application using your permit fee or your right to present
a draft permit which IDEM must approve, modify or deny within a specified
time frame. The time frames set by law are:
New solid waste landfill 365 days
Major modification to a solid waste landfill 365 days
Major new NPDES permit 270 days
New solid waste processing or recycling facility 180 days
Minor modification to a solid waste landfill 90 days
Certification of a special waste 60 days
Any other permit not specified if permit fee exceeds $100 60 days
Renewal permit including modification same as the mod
Renewal permit without modification no limit set
Ind. Code 13-15-4-1.
In counting the number of days, the clock stops during the first 2 requests
for additional information. Ind. Code 13-15-4-10.
To deny a permit as incomplete, IDEM must have notified you no later
than 35 working days after receipt of the application of the missing
information and you must have failed to make a good faith effort to
submit the required information in 60 days. Ind. Code 13-15-4-9.
11. A person proposing to construct, modify or operate any equipment,
facility or pollution control device that is demonstrated to achieve
pollution control or pollution prevention in excess of applicable federal,
state and local requirements may apply to IDEM for an interim permit
to construct, modify or operate. IDEM has 60 days to approve or deny
an interim permit request. Ind. Code 13-15-4-6.
12. Waste tire storage sites are required to obtain a registration certificate
from IDEM. An exemption is provided for sites with no more than 2,000
waste tires. The certificate is good for 5 years. Annual reports, a
contingency plan and financial responsibility are required. Ind. Code
13-20-13 and 329 IAC 12-5. Waste tire processing facilities are required
to register with IDEM and as a result of a legislative change in 1998
will be required upon adoption of rules by IDEM to obtain a certificate
from IDEM. Ind. Code 13-20-13.
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13. A solid waste permit is not required for:
a. disposing of only uncontaminated rocks, bricks, concrete, road demolition
waste materials or dirt;
b. land application activities regulated by 327 IAC 6 and 327 IAC 7;
c. confined feeding control activities regulated by Ind. Code 13-1-5.7;
d. wastewater discharge activities regulated by 327 IAC 5;
e. processing (not including incineration) where the waste (not including
tires) has been segregated from the general solid waste stream prior
to arrival at the processing facility;
f. processing, except for incineration, that takes place at the generating
facility;
g. processing and disposal of uncontaminated and untreated natural growth
solid waste including tree limbs, stumps, leaves and grass clippings;
h. disposal of saw dust derived from processing untreated natural wood;
i. operation of surface impoundments, except for closure;
j. legitimate use of iron and steel making slags including use as a
base for road building, but not including land reclamation;
k. legitimate use of foundry sand which has been classified a type III
including use as a base for road building, but not for land reclamation;
l. some coal wastes.
329 IAC 10-3-1 and 329 IAC 11-3-1
14. An expedited process is established for making "insignificant" modifications
to a land disposal facility. An insignificant modification includes:
a. relocation of a waste hauling road
b. relocation of office buildings
c. relocation or addition of collection containers
d. changes in sequences of filling in permitted areas
e. improvements to a drainage system around the facility
f. installation of temporary sediment control measures
g. installation of leachate control systems to prevent leachate migration
off-site
h. installation of additional methane venting wells to an already approved
system
i. installation of weighing scales
j. replacement of a monitoring well no more than 10 feet horizontally
from the original location at an equal depth
k. approvals granted related to groundwater monitoring
l. any other modification that IDEM determines will improve the operation
of the facility without significantly altering the permit.
These modification (except for e and k & l above) can be made by
giving certified mail notice to IDEM no later than seven calendar days
after the modification has been made. That notice must include a detailed
description of the project and the date the project was or is expected
to be completed. If the modification is listed in e, k or l, notice
must be given 30 days in advance by certified mail and must provide
a detailed description of the proposed project. If IDEM has not notified
you to not make the modification you can proceed on the 31st day. 329
IAC 10-3-3 and 329 IAC 10-2-97.1.
No similar expedited process is available for making insignificant modifications
to a processing facility permit.
15. Appeals of permit decisions must be filed no later than 15 days
after receiving notice of the permit decision or 18 days from when IDEM
placed notice of the decision in the mail, which ever is earlier. Ind.
Code 13-16-5-1.
16. Requests for appeals of permit decision must contain 6 specified
pieces of information, including the specific issues proposed for consideration
and the permit terms and conditions that would be appropriate. Ind.
Code 13-16-5-2.
17. Permits may be modified or revoked by IDEM based on any of the following:
a. violation of a condition of the permit
b. failure to disclosure relevant information
c. changes in circumstances related to the permit that require either
a temporary or permanent reduction in the discharge of contaminants.
d. any other change, situation or activity relating to the use of a
permit that in the judgment of IDEM is not consistent with the purposes
of the law or rules of the boards.
Ind. Code 13-15-7-1.
18. When a permit is modified, only the conditions subject to the modification
are reopened and subject to appeal. 329 IAC 10-13-6(b) and 329 IAC 11-11-6(a).
However when a permit is modified if the facility is located in an area
that is not suitable for the placement of waste as specified by 329
IAC 10, that is a sufficient basis for denying the modification or revoking
the permit. 329 IAC 10-13-6(c) and 329 IAC 11-11-6(b).
19. If a permit revocation is appealed, the permit remains in effect
until a decision is made on the appeal. Ind. Code 13-15-7-3.
20. When applying for a permit on property that is undeveloped and for
which a valid existing permit has not been issued, no later than 10
working days after submitting the application to IDEM, the applicant
must make a reasonable effort to provide notice to all owners of land
that adjoin the land that is the subject of a permit application, and
to all occupants of land where the owner does not live on the land.
Ind. Code 13-15-8-2.
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21. Good character disclosure requirements apply to the issuance of
new solid waste permits, renewal permits, transfer of permits and major
modifications to solid waste permits. Ind. Code 13-19-4.
22. All new solid waste permits and major modification permit application
are subject to a "need" demonstration. Ind. Code 13-20-1 and 329 IAC
10-11-7 and 329 IAC 11-9-5. The "need" demonstration for a processing
facility is poorly written and references the standard for land disposal
facilities, including a description of the additional disposal capacity
that the facility would provide, making it awkward to comply with that
requirement for processing facilities.
23. Before a new landfill permit application can be issued the applicant
must pass a financial net worth test, showing $250,000 positive net
worth at the end of the calendar year or fiscal year immediately preceding
the year the permit would be issued. No unsatisfied and nonappealable
judgments requiring payment of money can be outstanding. Subsidiary
corporations may submit the financial position of an ultimate parent.
Ind. Code 13-20-2.
24. IDEM has established an elaborate public participation requirement
applicable to permit applications for new solid waste land disposal
facilities, major modifications and lateral expansion to a solid waste
land disposal facility. Failure to comply can result in denial of the
permit. Included are:
a. Within 10 working days after an application is submitted to IDEM
the applicant must make a reasonable effort to give written notice to
the owners of record of adjoining land to the facility or proposed facility
of the date the application was submitted to IDEM and a brief description
of the subject of the application. 329 IAC 10-12-1(b).
b. Within 5 days after the application has been determined complete
by IDEM, the applicant must place a copy of the application at a library
in the county where the facility will be located. 329 IAC 10-12-1(e).
c. Within 40 days after IDEM has determined that the application is
complete, the applicant must conduct a public meeting in the county
where the facility is located.
(1) Notice of the public meeting must be published at least 10 days
prior to the meeting in a newspaper of general circulation in the county
where the facility is located. The notice must be at least 2 columns
wide by 5 inches long and be placed in a part of the newspaper other
than where legal notices and classified advertisements appear.
(2) At the public meeting the applicant must present a brief description
of the location and operation of the proposed facility, indicate where
copies of the application are on public file, advise the persons attending
that IDEM will accept written comments and questions, provide an IDEM
contact person's name and address, provide fact sheets on the proposed
facility that have been prepared by IDEM, allow an opportunity for public
comments and if the application contains an alternate design, briefly
describe the alternative being used.
(3) The applicant must make an effort to coordinate the publication
date of notice of the public meeting, with the publication of IDEM's
notice of its public hearing.
329 IAC 10-12-1(c) and (d).
d. Upon determining that an application is complete, IDEM will publish
notice of receipt of the application, an opportunity to submit written
comments for 30 days and an opportunity for a public hearing. 329 IAC
10-12-1(h) and (i).
25. IDEM must issue a solid waste permit if it finds that the application
meets the requirements of the rule, the facility will be constructed
and operated in accordance with the rules and the applicant is in compliance
with the environmental statutes. 329 IAC 10-13-1(b) and 329 IAC 11-11-1(b).
26. IDEM may place conditions in a permit as are necessary to comply
with the solid waste rules, the environmental laws and to protect public
health and the environment.
329 IAC 10-13-1(b) and 329 IAC 11-11-1(b).
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INSPECTIONS
1. IDEM has the right to enter upon private or public property to investigate
for possible violations upon presentation of proper credentials. Ind.
Code 13-14-2-2.
2. Before IDEM completes an inspection, it must provide an oral report
of the inspection and any potential violations noted to the property
owner before leaving the property. IDEM must also provide a written
report of the inspection within 45 calendar days after the inspection.
Ind. Code 13-14-5-2.
3. If a person subjected to an IDEM inspection disagrees with something
IDEM orally stated during the inspection or that IDEM included in the
written report of the inspection, or if questions arise as a result
of IDEM's inspection, a written response can be provided to IDEM. IDEM
must review that written response and must attached a copy of it to
the public file copy of the written report of inspection. Ind. Code
13-14-5-6.
4. A person who obstructs, delays, resists, prevents or interferes with
the department in performing an inspection or investigation commits
a Class C infraction for each day of violation.
ENFORCEMENT
1. There is a 3 year statute of limitation on IDEM enforcement actions.
IDEM must issue a NOV not more than 3 years after it discovers the event,
or the last of a series of events that serves as the basis for the enforcement
action. Any enforcement action taken after than time is void. Ind. Code
13-14-6-2 and 3.
2. IDEM's statute contains a "Prohibited Acts" section that IDEM will
use to enforce against someone if it cannot find any other way to address
a situation it finds unacceptable. Ind. Code 13-30-2-1. Among other
things that law prohibits a person from doing the following:
(a) discharge, emit, cause, allow, or threaten to discharge, emit, cause,
or allow any contaminant or waste, including any noxious odor, either
alone or in combination with contaminants from other sources, into the
environment or into publicly owned treatment works in any form that
causes or would cause pollution that violates or would violate rules,
standards, or discharge or emission requirements adopted by one of the
IDEM boards.
(b) deposit any contaminants upon the land in a place and manner that
creates or would create a pollution hazard that violates or would violate
a rule adopted by one of the boards.
(c) dump or cause or allow the open dumping of garbage or of any other
solid waste in violation of rules adopted by the solid waste management
board,
(d) Construct, install, operate, conduct, or modify, without prior approval
of the department, any equipment or facility of any type that may cause
or contribute to pollution or be designed to prevent pollution.
3. IDEM's enforcement process involves the issuance of a Notice of Violation.
IDEM must allow 60 days to attempt to negotiate a settlement of a NOV.
If settlement is not reached in that time or as much time as IDEM allows,
IDEM can issue a unilateral order that specifies what must be done and
what penalty is due. That unilateral order will take effect unless by
the 19th day a request for review of that unilateral order is filed
with the Office of Environmental Adjudication. Ind. Code 13-30-3.
4. IDEM may not take enforcement against a land owner on whose land
garbage or other solid waste has been illegally dumped without the landowner's
consent unless IDEM first has made a diligent and good faith effort
to identify, locate and take enforcement action against a person who
appears likely to have committed or caused the illegal dumping. Ind.
Code 13-30-3-13.
5. IDEM can assess a civil penalty not to exceed $25,000 per day for
any violation of the environmental laws, air laws, water laws, a rule
or standard adopted by one of the Board. These penalties can be assessed
administratively; IDEM does not have to go to court to assess a penalty.
Ind. Code 13-30-4-1. IDEM takes the position it can assess $25,000 per
violation per day. That interpretation has not been judicially established.
6. IDEM may waive up to 100% of a civil penalty imposed on a business
for a minor violation of a requirement of the environmental laws, rules,
or any determination, permit, or order made by IDEM. To seek a waiver
of a penalty, the business must submit a written report of the violation
to IDEM before an IDEM inspection discloses the violation or the issuance
of a notice or warning of violation. This waiver does not apply to violations
that endanger or cause damage to public health or the environment, that
are intentional, willful or criminal, have been committed before or
if not corrected within 90 days after the business is notified of the
violation. Ind. Code 13-30-4-3.
7. If IDEM takes
an enforcement action for a "minor" violation, the civil penalty shall
not exceed $500 so long as the violation is corrected within 90 days
or substantial steps to correct have been made in 90 days. A minor violation
of this purpose is one that does not present an immediate or reasonably
foreseeable danger to public health or the environment and does not
include a violation of a numerical limit or numerical standards in a
law or rule or permit or order or is not for failing to have a permit.
Ind. Code 13-30-7-1.
8. A person who intentionally, knowingly, or recklessly violates the
environmental laws, air laws, water laws, or a rule or standard adopted
by a Board or a determination, permit or order of IDEM commits a Class
D felony. Ind. Code 13-30-6-1. A responsible corporate officer may be
prosecuted for a violation. Ind. Code 13-30-6-4.
9. Open dumping can be prosecuted by counties, cities and towns. If
those government entities successfully bring a civil action to address
open dumping, they can recover their attorney fees from the responsible
person. Ind. Code 34-1-52-2.
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FEES
1. IDEM permit fees are established by statute, overriding IDEM's ability
to establish fees by rule. Ind. Code 13-16-1-6. The different types
of fees include: (1) original, major, minor and renewal application
fees, (2) annual operating fees, including an annual fee for groundwater
monitoring well sampling and (3) disposal fees.
2. The following relevant solid waste fees are assessed:
NEW PERMIT OR MAJOR MODIFICATION
Sanitary Landfill $31,300
Construction/Demolition Site $20,000
Processing Facility $12,150
Transfer Station $12,150
Other $12,150
Waste Tire Storage Registration $ 500
Waste Tire Processing $ 200
Waste Tire Transportation $ 25
PERMIT RENEWAL
Sanitary Landfill $15,350
Construction/Demolition Site $ 7,150
Processing Facility $ 2,200
Transfer Station $ 2,200
Other $ 2,200
Waste Tire Processing $ 200
MINOR MODIFICATION
Any Minor Modification $2,500
ANNUAL OPERATING FEES
Sanitary Landfill
>500 TPD $35,000
250-499 TPD $15,000
100-249 TPD $ 7,000
>100 TPD $ 2,000
Construction Demolition Site $ 1,500
Processing Facility $ 2,000
Transfer Station $ 2,000
Waste Tire Storage $ 500
Waste Tire Transportation $ 25
Groundwater Compliance sampling
per well $ 250
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DISPOSAL FEES
Municipal waste per ton 10¢
Special waste per ton 10¢
C&D waste per ton 10¢
Ind. Code 13-20-21.
3. The annual operating fees are due are due within 30 days of receiving
notice of assessment from IDEM. IDEM must send the assessment no later
than January 15th of each year. An option is available for installment
payments if an annual payment imposes a hardship. Failure to pay when
due will result in a 10% delinquency fee. Failure to pay the fee and
delinquency fee results in permit revocation. The permit can be revoked
for failure to pay fees only if IDEM has given written notice that the
fee and delinquency are due and nonpayment continues for 30 days. Ind.
Code 13-20-21-8 and 10.
4. The disposal fees are paid two times a year. For the period January
1 through June 30 disposal fees are due on August 1. Disposal fees for
the period July 1 through December 31 are due February 1 of the following
year. Similar delinquencies and permit revocation penalties apply for
failure to pay disposal fees as to the failure to pay annual operating
fees. Ind. Code 13-20-21-9 and 11.
5. An additional state fee of 50¢ per ton is imposed on the disposal
or incineration of each ton of solid waste in a final disposal facility
in Indiana. A final disposal facility is a landfill or incinerator.
If waste is delivered in a motor vehicle with a registered gross vehicle
weight not more than 9,000 pounds or in a passenger motor vehicle, a
flat fee of 50¢ per load is charged. Ind. Code 13-20-22-1. Specifically
excluded from this fee are waste that are beneficially used as alternate
materials for daily cover or used as construction components of the
landfill's leachate system or for roads. Ind. Code 13-16-1-6 and IDEM
Nonpolicy guidance, November 1997. Note: You must still track the wastes
used for alternate daily cover as a waste for purposes of reporting
6. The owner or operator of a final disposal facility must collect the
50¢ state solid waste fee from persons delivering solid waste to the
facility. The owner/operator may deduct 1% of the fees collected and
retain that as compensation for collecting and timely remitting the
fees. The fees must be sent to the Department of Revenue no later than
10 days after the last day of the month in which they were collected.
The owner/operator must file a monthly report with the Department on
a form adopted by the Department. The owner or operator of each final
disposal facility responsible for collecting the 50¢ state fee must
register with the Department of State Revenue, by paying a $25 fee and
filing a verified registration form. The Department of Revenue will
issue a registration card that must be prominently displayed at each
place in Indiana where the registrant is engaged in business as an owner
or operator of a final disposal facility. The Department of Revenue
may require a surety bond of not less than $2,000 and not more than
3 months tax liability. The Department of Revenue may require a registrant
to furnish a current financial statement with the registration form.
The Registration may be canceled for:
failing to file a monthly report
filing a false monthly report
failing to pay the full amount of fees due
failing to keep books, records and returns required for listed taxes
removing or altering a sign posted by the department of revenue
failing to file a valid bond
failing to honor a subpoena
The Department of Revenue may post a sign at a solid waste disposal
site prohibiting further transactions involving solid waste disposal
at the site if:
(a) the owner/operator becomes delinquent in payment of amounts due
(b) the facility is in financial jeopardy
(c) the facility does not have the required registration
(d) the facility does not have the required bond
(e) the facility continues to operate after its registration is canceled
Penalties for violation include Class D felony, Class B misdemeanor
and closure of the facility. Ind. Code 13-20-22.
7. Solid Waste Management Districts may impose a District fee on the
final disposal of solid waste in a final disposal facility. The fee
may not exceed $2.50 per ton or the amount which was in effect on January
1, 1993, whichever is greater. Ind. Code 13-21-13-1. Specifically excluded
from the solid waste management district fees are wastes that are beneficially
used as alternate materials for daily cover or used as construction
components of the landfill's leachate system or for roads. Ind. Code
13-20-22-1(e) and IDEM Nonpolicy guidance, November 1997.
8. The owner/operator of a final disposal facility is responsible for
collecting the solid waste district fees from persons delivering waste
to a facility. The owner/operator may retain 1% as compensation. The
remainder must be submitted to the controller of the solid waste district
no later than 10 days after the last day of the month in which the fees
were collected. The owner/operator must furnish the controller a fee
collection report along with the remitted fees. Ind. Code 13-21-13-3.
9. Shredded or ground up tires can be approved by IDEM for use as an
alternate daily cover, and if so approved, will not be subject to the
state 50¢ fee or any solid waste district fee. Ind. Code 13-20-14-1(b)
and (c). Also excluded from these fees are waste that are beneficially
used as alternate materials for daily cover or used as construction
components of the landfill's leachate system or for roads. Ind. Code
13-16-1-6 and IDEM Nonpolicy guidance, November 1997.
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WASTE TRANSPORTATION
1. Indiana's municipal waste collection and transportation vehicle registration
program has been declared unconstitutional and is not enforced. Ind.
Code 13-20-4.
2. The "backhaul ban" prohibition on using a waste truck for other uses,
was declared unconstitutional and is not enforced. Ind. Code 13-20-4-8.
3. Indiana and out-of-state transporters, brokers and transfer station
permittees that engage in municipal waste transfer activities, must
obtain a good character acknowledgment number before engaging in waste
transfer activities and must file an annual update before December 31,
of each year describing changes that have occurred since the filing
of the disclosures statements or a statement that no changes have occurred.
Ind. Code 13-20-6-2.
4. The waste transfer activities of a transporter, broker or transfer
station can be suspended by IDEM for intentional misrepresentations
in a disclosure statement, civil complaints having been filed against
it, criminal complaints have been filed against it, judgments of criminal
conviction having been filed or a finding that the operator has knowingly
and repeatedly violated federal or state environmental protection laws.
Before suspension takes effect IDEM must give notice to all solid waste
processing facilities and disposal facilities and broker and transporters
who hold acknowledgment numbers of the upcoming suspension. Ind. Code
13-20-6.
5. A processing facility accepting municipal waste from a transfer station
inside or outside of Indiana, must receive a copy of a municipal waste
manifest before accepting a shipment and must review the manifest to
ensure it contains all information required by rule:
a. amount in tons;
b. name and address of processing facility from which waste is transported;
c. destination of the waste;
d. name and business address of the transporter;
e. acknowledgment number issued by IDEM;
f. name and address of the broker involved, if applicable; and
g. date of the shipment and date of receipt at the final disposal facility.
The processing facility may not accept a shipment of municipal waste
if it is not accompanied by the municipal waste manifest, if the manifest
does not have all required information or if IDEM has given notice to
the processing facility that the waste transfer activities of that operator
have been suspended. 329 IAC 11-15-5.
6. When municipal waste is transported from a solid waste processing
facility (including a transfer station), the shipment must be accompanied
by the municipal waste transportation manifest. The operator of the
processing facility must prepare the manifest and deliver it to the
operator of the vehicle. The vehicle operator must have it with him
will transporting the waste and present it to the final disposal facility.
The final disposal facility must retain each manifest for 1 year and
send 1 copy of each manifest to IDEM not later than 3 months after receiving
the manifest. 329 IAC 11-15-2 through 329 IAC 11-15-4. IDEM has notified
some permitted facilities that after 1 year, they are no longer to submit
copies of the manifests to IDEM, even though the law requires that they
be submitted.
7. Solid Waste haulers who collect solid waste in Indiana and take the
waste to a transfer station or final disposal facility outside Indiana
must maintain records for 1 year identifying for each shipment the county
and state of origin of the largest part of the solid waste by volume,
and must submit quarterly reports to IDEM of the state and location
of each out-of-state transfer station or landfill and identify the volume
of solid waste from each county and state taken to the transfer station
or landfill during the reporting period. Ind. Code 13-20-3-2.
8. Solid waste transfer stations and landfills must retain for 1 year
all certifications of origin of waste provided by haulers and provide
quarterly reports to IDEM of the county and state of origin of the largest
part of solid waste by weight received during the reporting period.
Ind. Code 13-20-3-1(b).
9. Solid waste haulers that take solid waste to a transfer station or
final disposal facility located in Indiana must verify to the owner
or operator of the transfer station or final disposal facility the county
and state of origin of the largest part of the solid waste by weight.
Ind. Code 13-20-3-1. Haulers shall also provide the land disposal facility
an estimate, by percent, of the type and amount of solid waste originating
in each county and state. 329 IAC 10-14-1(d).
10. Waste tire transporters must register with IDEM and pay an annual
registration fee of $25. Ind. Code 13-20-14-5.
11. Waste tire transporters must prepare and carry a waste tire manifest
including the source and number of tires and destination of the shipment
for each shipment of waste tires. Copies of manifest must be maintained
for 1 year and made available to IDEM upon request. Ind. Code 13-20-14-5.
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RECORD & REPORTING REQUIREMENTS
1. Records of monitoring required by law, rule or permit must be maintained
for a minimum of 3 years and include all the following:
a. the date, exact place and time of sampling measurements;
b. the person(s) who performed the sampling or measurements;
c. the date(s) of analyses were performed;
d. the person(s) who performed the analyses;
e. the analytical techniques or methods used; and
f. the results of such measurements or analyses.
329 IAC 10-1-4.
2. Records required to be kept shall be retained at the facility in
the facility's operating records, or at an alternate location approved
by IDEM. 329 IAC 10-1-4.
3. Generally the minimum time for retention of records is 3 years, unless
specified otherwise. That period is automatically extended during unresolved
litigation or if a permit requires otherwise. 329 IAC 10-1-4.
4. A quarterly tonnage report of solid waste received at a land disposal
facility and at processing facilities must be submitted on or before
the fifteenth day of the month immediately following the end of the
calendar quarter. The most current paper report form prescribe by IDEM
must be used. The form will require at least the following information:
a. weight in
total tons of solid waste received, compiled by waste type (municipal
solid waste, construction/demolition waste, special waste, other solid
waste) and origin.
b. The county and state in which the waste originated, as provided by
the waste hauler.
c. for land disposal facilities the type, total weight in tons and final
destination of solid waste diverted from disposal for reuse or recycling
after received at the land disposal facility.
d. for processing facilities the type, total weight in tons, and final
destination of the solid waste received at and transported off-site
from the processing facility.
e. for land disposal facilities, the estimated remaining disposal capacity
in cubic yards.
f. for land disposal facilities, the estimated remaining facility life
in years.
For processing facilities that are not required to have scales, if scales
are not used to weigh the waste, the most applicable of the following
conversion factors is to be used:
a. 3.3 cubic yards of compacted waste equals one ton
b. 6 cubic yards of compacted waste equals one ton
c. 1 cubic yard of baled waste equals one ton
If an error is found in a previously submitted report, a revised report
reflecting the correct information must be submitted as an Amended Report.
It is to be submitted before or with the next quarterly report after
finding the error. Copies of the reports and documentation substantiating
the reports must be maintained on-site for 3 years and made available
during normal operating hours for on-site inspection and photocopying
by IDEM. 329 IAC 10-14-1(e), (f), (g) and (h) and 329 IAC 11-14-1(b),
(e), (f) and (h).
5. Solid waste haulers who collect solid waste in Indiana and take the
waste to a transfer station or final disposal facility outside Indiana
must maintain records for 1 year identifying for each shipment the county
and state of origin of the largest part of the solid waste by volume,
and must submit quarterly reports to IDEM of the state and location
of each out-of-state transfer station or landfill and identify the volume
of solid waste from each county and state taken to the transfer station
or landfill during the reporting period. Ind. Code 13-20-3-2.
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SPECIAL WASTE/INDUSTRIAL WASTE
1. On July 1, 2000 the special waste program is replaced with a new
"Industrial Waste Program. Under this new program, the generator of
an industrial waste will test industrial wastes under 40 CFR 240 through
40 CFR 299 and 40 CFR 761 in order to determine it is not hazardous.
Before the first time a generator disposes of industrial waste at a
disposal facility, it must provide the facility with a notification
that the waste has been tested and is not a hazardous waste. The generator
must provide the disposal facility with notice of any special handing
requirements that apply. Ind. Code 13-20-7.5
2. Landfill cells or units that have been designed to meet or exceed
Subtitle D may dispose of industrial waste. In addition, IDEM may approve
some non subtitle D facilities to accept some industrial waste streams.
3. A transfer station may not process industrial waste unless authorized
by its permit to handle that industrial waste.
4. Industrial waste is still subject to the same ten cent per ton disposal
fee that applied to special waste.
5. The only exemptions from the industrial waste requirements are waste
which are disposed of on-site by the generator that generated the waste,
and industrial waste that is generated in quantities of no more than
220 pounds per month.
6. The Solid Waste Management Board has until July 1, 2001 to amend
the solid waste rules to delete references to special waste and to make
the rules consistent with this legislative change, but these new statutory
provisions take effect on July 1, 2000.
FOUNDRY SAND
1. Foundry sand meeting a Type III constituent classification can be
put to certain beneficial uses without the need to obtain any IDEM permit
(unless otherwise provided) and can be used as a raw material constituent
for certain products, without the need to obtain any IDEM approvals.
IDEM is however, allowed to require compliance with established guidance
for the beneficial uses. The uses and products for foundry sand include:
USES:
a. As daily cover for litter and vermin control at a landfill, if approved
in the permit;
b. As protective cover for a landfill leachate system, if approved in
the permit;
c. For use as capped embankments for landfill ground and sight barriers,
if less than 10,000 cubic yards, or in any quantity for embankments
at airports, bridges or overpasses;
d. As structural fill base (if capped by clay and or concrete) for road
shoulders, parking lots, floor slabs, utility trenches, bridge abutments,
tanks and vaults, construction or architectural fill or similar uses.
PRODUCTS:
a. flowable fill;
b. concrete
c. asphalt;
d. brick;
e. block;
f. portland cement;
g. glass
h. roofing material;
i. rock wool;
j. plastics;
k. fiberglass;
l. mineral wool;
m. lightweight aggregate;
n. paint;
o. plaster;
p. other similar materials.
Nonrule Policy, Indiana Register, July 1, 1998
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COMPOST FACILITIES
1. Compost facilities for vegetative matter involving more than 2000
pound a year, must obtain a registration from IDEM. An application requirement
is specified by law, as well as location restrictions. Annual reports
on the volume composted are due before February 1 of each year. The
registration is good for 5 years. Ind. Code 13-20-10.
LANDFILL BANS
1. No person may knowingly combine vegetative matter resulting from
landscaping maintenance and land clearing projects with other types
of solid waste prior to collection or disposal. Ind. Code 13-20-10-9.
Excepted from this land disposal prohibition is the deposit into a solid
waste landfill of:
- grass
- woody vegetative matter less than 3 feet in length that is bagged,
bundled or otherwise contained; and
- de minimis amounts of vegetative matter that are less then 3 feet
in length, bagged, bundled or otherwise contained and not set out separately
for collection and disposal.
Ind. Code 13-20-9-1 and Nonrule Policy, Indiana Register, February 1998.
2. Whole tires, except for incidental small amounts, may not be disposed
of at a solid waste landfill. Ind. Code 13-20-14-1(a). Rule 329 IAC
10-20-32 establishes the definition and implementation procedures for
compliance with the statutory provision for disposal of only "incidental
small amounts". The landfill owner, operator or permittee must comply
with either a numeric standard or a procedure that meets the standards
of the rule. The numeric standard is not more than 1 visible whole waste
tire for each 250 tons of municipal solid waste or no more than 2 tires
per day for a facility that receives less than 250 tons of waste per
day. The alternative of having a "Procedure" requires that the procedure:
a. Be kept at the landfill with the operating record or at an alternate
location approved by the Commissioner of IDEM;
b. Be designed to minimize the disposal of whole waste tires by removing
them from the municipal waste, unless the tire arrives at the working
face in a load and removing the tire would endanger persons or equipment
or cause delays that result in safety problems at the working face;
c. Designate by position and describe the duties of the person responsible
for minimizing disposal of whole waste tires;
d. Provide clear instructions to landfill employees who handle waste
tires and haulers for handling whole waste tires;
e. Contain a system for identifying haulers who deliver whole waste
tires and notify those haulers that disposal of whole tires is prohibited;
f. Provide for proper storage and disposal or recycling tires removed;
and
g. Document reduction in the numbers of whole waste tires incidentally
disposed of in the landfill.
3. Lead acid batteries may not be disposed of in a solid waste landfill.
Ind. Code 13-20-16.
4. Some solid waste districts have established additional landfill bans.
It is legally questionable whether districts have the authority to impose
such bans.
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WASTE TIRES
1. Waste tire storage sites are required to obtain a registration certificate
from IDEM. This requirement applies to storage of 2,000 or more waste
tires in an entirely enclosed structure and to outside storage sites
and storage sites that were partially out-of-doors where there are 1000
or more tires. The certificate is good for 5 years. Annual reports,
a contingency plan and financial responsibility are required. Ind. Code
13-20-13 and 329 IAC 12-5.
2. In 1998 the legislature passed a law to require waste tire processors
also obtain a certificate of registration from IDEM in order to operate.
That requirement is not supposed to take effect until the Solid Waste
Management Board adopts implementing rules. The Board is required to
adopt those rules no later than July 1, 1999. Processing subject to
this requirement includes cutting, shredding or grinding. Ind. Code
13-20-13-2. Prior to this law, processors were only required to have
registered with IDEM.
3. As a result of a change to the law in 1998 a certificate of registration
can now be denied by IDEM if an enforcement action is pending against
the person who applies for the registration. An enforcement action is
defined very broadly to include a notice of violation, a letter from
IDEM identifying a violation, or a court proceeding initiated by IDEM,
the Department of Fire and Building Services, or any state or federal
government agency that regulates public health, safety or the environment.
Ind. Code 13-20-13-3(d) and Ind. Code 13-20-14-5(h).
4. A certificate of registration for waste tire activities will be issued
if the application complies with the statutory and regulatory provisions
of the waste tire laws and rules. Previously it was necessary for IDEM
to find that it was not economically feasible to recycle or reuse the
tires before a certificate could be issued. Ind. Code 13-20-13-3(a).
5. The owner of land upon which a waste tire storage or processing operation
is to be located, if different than the applicant for the certificate
of registration, must sign the application for a certificate of registration.
Ind. Code 13-20-13-4(a)(4).
6. A certificate of registration may be revoked or modified during the
5-year period it is in existence if: 1) the applicant failed to disclose
all relevant facts or misrepresented facts in obtaining the registration;
2) the holder of the registration fails to correct, within a reasonable
time established by IDEM, a violation of a condition of the registration
or a rule adopted by the Solid Waste Management Board. Notice of revocation
or modification must be given by IDEM to the registrant by certified
mail. IDEM's proposed revocation or modification can be appealed to
the Office of Environmental Adjudication. The registration remains in
effect pending a decision from the appeal unless injunctive relief is
obtained by IDEM. Ind. Code 13-20-13-5.5 and Ind. Code 13-20-14-5.6.
7. Whole tires, except for incidental small amounts, may not be disposed
of at a solid waste landfill. Ind. Code 13-20-14-1(a). Rule 329 IAC
10-20-32 establishes the definition and implementation procedures for
compliance with the statutory provision for disposal of only "incidental
small amounts". The landfill owner, operator or permittee must comply
with either a numeric standard or a procedure that meets the standards
of the rule. The numeric standard is not more than 1 visible whole waste
tire for each 250 tons of municipal solid waste or no more than 2 tires
per day for a facility that receives less than 250 tons of waste per
day. The alternative of having a "Procedure" requires that the procedure:
a. Be kept at the landfill with the operating record or at an alternate
location approved by the Commissioner of IDEM;
b. Be designed to minimize the disposal of whole waste tires by removing
them from the municipal waste, unless the tire arrives at the working
face in a load and removing the tire would endanger persons or equipment
or cause delays that result in safety problems at the working face;
c. Designate by position and describe the duties of the person responsible
for minimizing disposal of whole waste tires;
d. Provide clear instructions to landfill employees who handle waste
tires and haulers for handling whole waste tires;
e. Contain a system for identifying haulers who deliver whole waste
tires and notify those haulers that disposal of whole tires is prohibited;
f. Provide for proper storage and disposal or recycling tires removed;
and
g. Document reduction in the numbers of whole waste tires incidentally
disposed of in the landfill.
8. Transfer station operators must remove whole tires (except for incidental
small quantities) present in solid waste before transferring the waste
for disposal. Ind. Code 13-20-14-1.5. Rule 329 IAC 11-2-11 establishes
the same procedures for compliance with this statutory exception as
is outlined above for landfills.
9. Waste tire transporters must register with IDEM and pay an annual
registration fee of $25. IDEM must act within 30 days of receiving a
complete application. The registration expires after 5 years. Renewal
must be sought 90 days prior to expiration. IDEM may waive the requirement
for a registration for a transporter who is cleaning up an illegal disposal
facility. Ind. Code 13-20-14-5 and 329 IAC 12-6-4 through 329 IAC 12-6-9.
As a result of a change in the law in 1998, transporters of waste tires
must now provide to IDEM $10,000 of financial responsibility in the
form of a surety bond, certificate of deposit or letter of credit. No
financial responsibility was required of transporters previously. This
requirement does not take effect until the Solid Waste Management Board
has adopted rules to implement this statutory mandate. Ind. Code 13-20-14-5(4).
10. As a result of a change to the law in 1998, waste tire transporters
and waste tire processors must also annually report to IDEM the number
of waste tires transported or processed. That reporting obligation used
to apply only to waste tire storage sites. Ind. Code 13-20-13-5(1) and
Ind. Code 13-20-14-5(f).
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11. Waste tire transporters must prepare and carry a manifest including
the source and number of tires and destination of the shipment for each
shipment of waste tires. Copies of manifest must be maintained for 1
year and made available to IDEM upon request. Ind. Code 13-20-14-5 and
329 IAC 12-6-11.
12. Shredded or ground up tires can be approved by IDEM for use as an
alternate daily cover, and if so approved, will not be subject to the
state 50¢ fee or any solid waste district fee. Ind. Code 13-20-14-1(b)
and (c).
13. A tire retailer, auto salvager or seller of used tires that is the
source of more than 12 waste tires per year is required to maintain
the waste tire manifest received from a waste tire transporter for at
least one year and make to a copy of those manifests available to IDEM
upon request. Ind. Code 13-20-14-5.3.
14. IDEM may seek a court order to compel removal or remedial actions
related to waste tires and to recover costs and damages against a person
who fails to undertake removal and remedial action. Ind. Code 13-20-13-14
and Ind. Code 13-20-14-7.
OPERATIONAL REQUIREMENTS
1. Operators of solid waste incinerators and waste to energy facilities
and operators of land disposal sites must comply with rules adopted
to establish an operator training and certification program. Ind. Code
13-15-10-1. Those rules were promulgated on March 5, 1997, 329 IAC 12-7,
20 IR, 1481, March 1, 1997. All facilities must have at least 1 interim
or certified operator at the facility at all times when solid waste
facility is in operation. Only those persons who were performing the
duties of a certified operator before the effective date of the rule
are considered to be interim operators and allowed to perform the duties
of a certified operator. Interim operators had to pass an accredited
examination and must have been certified under the rule no later than
March 5, 1998.
a. The certified operator can be absent from the facility only if available
through contact by electronic communication device or telephone. 329
IAC 12-7-2(a).
b. Interim operators can be used for a period of up to 120 days during
periods when the certified operator has left the employment of the facility
or is unable to fulfill the responsibilities as a certified operator
for a period of time. The 120 days can be extended by making a written
request and providing an explanation why additional time is needed.
329 IAC 12-7-2(e).
c. The certified operator's certificate must be posted in the office
at the facility for which he or she serves as the certified operator.
All certified operators must have available a photographic identification
card such as a driver's licence. 329 IAC 12-7-2(h).
d. Certification classifications range from Category I to Category IV.
329 IAC 12-7-3.
e. The certificate is valid for one year and must be renewed before
its expiration date.
f. Reciprocity will be recognized in lieu of training and accreditation
under Indiana's program if the individual has been certified by an accredited
institution in another state that is comparable to Indiana's certification
requirements. 329 IAC 12-7-5.
g. A certification may be revoked by IDEM if the operator commits any
of the following:
-- repeatedly violates a requirement of the rules;
-- endangers human health, safety or the environment by knowingly or
intentionally violates operating procedures of a facility;
-- falsifies information provided to obtain the certificate;
-- falsifies information on an extension request for interim status.
2. Landfills location restrictions are outlined in 329 IAC 10-16.
3. Landfill setback requirements are found at 329 IAC 10-16-11 and 12.
4. Landfill liner requirements are found at 329 IAC 10-17.
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5. Before a new municipal solid waste management unit can accept waste
the landfill owner or operator must provide IDEM a "certification of
completion." The requirements for that certification are found at 329
IAC 10-19-1. Waste acceptance can begin 21 days after IDEM receives
that certification, unless notified otherwise. 329 IAC 10-19-1.
6. All waste brought to a land disposal facility that receives on average
more than 50 tons per day must be weighted on scales on-site. 329 IAC
10-14-2.
7. Weighing scales must be effectively maintained and operated in accordance
with Ind. Code 24-6. In the event weighing scales break down or are
operating improperly the landfill may estimate waste quantity as 3.3
cubic yards of compacted solid waste equals one ton, six cubic yards
of uncompacted waste equals one ton and one cubic yard of baled solid
waste equals one ton during the duration of the scale breakdown. A written
notification of the breakdown must be submitted with each quarterly
tonnage report affected along with the time frames for action to be
taken. IDEM must be notified in writing when the weighing scales are
operable after any repair. 329 IAC 10-14-2.
8. Operational requirements for land disposal facilities are established
and found at 329 IAC 10-20 for:
-- access control
-- on-site roads, including minimum lane width, mud tracking, adequate
space on-site for vehicles waiting to unload and more
-- signs
-- sanitation
-- prohibition of scavenging
-- salvaging, including supervision and storage requirements
-- safety requirements
-- records and reports
-- prohibition of open burning
-- waste deposit and compaction
-- diversion of surface water and run-on and run-off control system
-- erosion and sedimentation control measures
-- cover
-- cover storage sites and borrow pits
-- grading and soil stabilization for intermediate cover and final cover
-- explosive gases
-- surface leachate control
-- liner leak detection program
-- leachate collection and disposal
-- leachate recycling
-- groundwater monitoring wells
-- control program for regulated hazardous waste, PCB waste and unauthorized
solid waste
-- survey requirements
-- air criteria
-- surface water requirements
-- liquids restrictions
-- self-inspections
-- responsibility for special waste
-- manifest requirements for waste received from transfer stations
-- requirements for baled waste
9. IDEM has published a "nonrule" policy to provide further guidance
on the operational requirements. Nonrule Policy, Indiana Register, February
1997. I have enclosed a copy of that nonrule policy.
10. Operational requirements for processing facilities are established
and found at 329 IAC 11-13 for:
-- access control
-- on-site roads, including a requirement that they are all-weather
and passable by vehicles utilizing the facility
-- signs
-- sanitation
-- salvaging, including storage requirements
-- safety requirements
-- records and reports
-- a requirement for a contingency plan for when the facility is unable
to process for more than 24 hours
11. The groundwater monitoring requirements are found at 329 IAC 10-21.
Legislation was passed in 1997 to prohibit IDEM from requiring the corrective
action contingency fund required by 329 IAC 10-21-14. IDEM has published
a nonrule policy for development of the statistical evaluation plan.
It is found in the April 1, 1997 Indiana Register.
12. Also it should be noted that IDEM's groundwater monitoring constituents
are different than those required in Subtitle D. 329 IAC 10-21-15 and
16.
13. Closure and post-closure requirements for land disposal facilities
are found at 329 IAC 10-22 and 329 IAC 10-23.
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a. The minimum cost per acre for closure cannot be less than $20,000
for units with a soil liner or $75,000 for units constructed with a
composite bottom liner system. 329 IAC 10-22-2(c)(5).
b. A 10% contingency must be included in the closure cost estimate.
329 IAC 10-22-2(c)(6).
c. Partial closure may be certified when a portion of the facility has
received final cover, is graded and vegetation has been established.
A certification signed by the owner, operator or permittee and an independent
registered professional engineer identifying the closed area must be
submitted to IDEM.
d. A final closure certification must be submitted to IDEM signed by
the owner, operator or permittee and an independent registered engineer
certifying that closure has been completed in accordance with the approved
closure plan. 329 IAC 10-22-8. Final closure will be deemed adequate
unless within 150 days of receipt of the closure certification IDEM
issues a notice of deficiency including the action necessary to correct
the deficiency. 329 IAC 10-22-8(c).
e. Following closure of all units, the owner, operator or permittee
shall record a notation on the deed to the landfill property, or some
other instrument normally examined during title search, and notify IDEM
in writing that the notation has been recorded. The notation on the
deed must in perpetuity notify any potential purchaser of the property
that the land has been used as a solid waste landfill. Minimum requirements
for the notation are found in 329 IAC 10-22-8(b).
f. The post-closure period for a solid waste land disposal facility
is 30 years. The 30 year period can be extended if IDEM determines it
is necessary to protect human health and the environment based on things
such as:
(1) stability of final cover
(2) maintenance problems
(3) evidence of groundwater contamination
(4) quantity of gas produced and managed
(5) the reliability of ground water monitoring system. 329 IAC 10-23-2(b)
& (c).
g. The post-closure cost estimate for a solid waste land disposal facility
must be at least 10% of the total acreage minimum cost for closure and
must include a 25% contingency cost based on the total post-closure
cost. 329 IAC 10-23-3(c).
h. When post-closure care has been completed the owner, operator or
permittee shall submit a certification statement signed by the owner,
operator or permittee and an independent registered engineer. Post-closure
certification will be deemed adequate unless IDEM issues a notice of
deficiency including actions necessary to correct the deficiency within
150 days of receipt of the post-closure certification. 329 IAC 10-23-4.
i. After completion of post-closure, the owner, operator, permittee
and the owner of real estate upon which the closed facility is located
can be held responsible by IDEM for correcting and controlling nuisance
conditions occurring at the facility and are responsible for eliminating
any threat to human health or the environment. 329 IAC 10-23-5 and 329
IAC 10-23-6. IDEM can proceed under the authority of its mini superfund
program against all of those persons and all other PRPs under CERCLA
to require remedial action, including installation and monitoring of
ground water. 329 IAC 10-23-7.
j. IDEM published a nonrule policy establishing guidance for the post
closure uses of solid waste disposal facilities. Indiana Register, May
1998.
14. Closure and post-closure requirements for processing facilities
are found at 329 IAC 11-16.
a. The requirement to have closure and post-closure plans for processing
facilities is discretionary with IDEM and are to be required if IDEM
finds the processing facility poses a threat to human health and the
environment if closure is not accomplished in accordance with approved
plans and permits.
b. Transfer stations are required to have financial responsibility for
closure and post-closure, and for that reason IDEM will require closure
and post-closure plans for all transfer stations.
c. The financial responsibility required for transfer stations must
include the cost of post-closure for a period of 1 year after closure,
so indirectly the post-closure period established for transfer stations
is 1, not 30 years. 329 IAC 11-16-2(e).
15. Financial responsibility requirements for solid waste land disposal
facilities are found at 329 IAC 10-39. Of particular importance are
the following:
a. The financial test is not an option in Indiana for other than government
owned facilities.
b. Until final closure of the facility is certified, the permittee must
annually review and revise the closure financial responsibility for
inflation and for changes in the closure plan that have increased the
cost of closure. 329 IAC 10-39-2(c). This adjustment is due within 30
days after each anniversary date of the original effective date of establishing
financial responsibility for closure.
c. Downward adjustments may also be made whenever portions of the facility
have been certified for partial closure. 329 IAC 10-39-2(d).
d. Releases of excess financial responsibility for closure will only
be allowed one time each year and only for amounts equal to or greater
than $2,500. 329 IAC 10-39-9(b)(1). Once a facility enters final closure,
release will not be made for amounts less than $10,000. Releases of
excess financial responsibility for post-closure will only be allowed
one time each year and only for amounts equal to or greater than $2,500.
During post-closure releases of over funding can be made for amounts
of $2,500 or more, once each year. 329 IAC 10-39-9(b)(2).
e. Annual updates to post-closure are also required to be provided to
IDEM. 329 IAC 10-39-3(c).
f. Failure to obtain, maintain, or fund any financial responsibility
mechanism is deemed to endanger human health or the environment and
is grounds for revocation of the facility permit and for ordering closure.
329 IAC 10-39-8.
16. Transfer stations are required to have financial responsibility
for closure and post-closure. The minimum amount is $4,000 for each
acre or part of acre. 329 IAC 11-16-2. The same financial responsibility
mechanism available for landfills apply to transfer stations as do the
posting and release requirements.
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PROCESSING FACILITIES
1. In addition to land disposal facilities, IDEM regulates "processing
facilities". Included in this category are:
a. solid waste incinerators
b. transfer stations
c. solid waste balers
d. solid waste shredders
e. resource recovery systems
f. compost facilities
g. garbage grinding facilities. 329 IAC 11-2-43.
A "resource recovery system" is not a defined term, but resource recovery
is defined as processing of solid waste into commercially valuable materials
or energy. 329 IAC 11-2-34.
A "transfer station" is defined as including a facility where solid
waste is transferred from a vehicle or container to another vehicle
or container for transportation or from one mode of transportation to
another, including the transfer of a trailer, container or waste from
rail to road transportation. 329 IAC 11-2-47. Transfer station does
not however include:
a. collection containers
b. transfer at the point of generation
c. a recycling facility that receives distinct and recognizable solid
waste items that do not require substantial further processing and are
delivered back to manufacturing companies and reused. Based on a calendar
quarter, a recycling facility must not take more than 10%, by volume,
of the solid waste to a final disposal facility.
d. curbside satellite collection vehicles used for collecting residential
waste, which are small motorized vehicles of the equivalent, with bins
or containers that once full are deposited into a larger solid waste
collection vehicles or containers. 329 IAC 11-2-47.
2. Special requirements apply to incinerators. 329 IAC 11-17 through
329 IAC 11-20.
3. Indiana operates a municipal waste transfer inspection program that
applies not only to transfer stations in Indiana but transfer stations
located outside of Indiana that bring waste into Indiana. 329 IAC 11-21.
Indiana's municipal waste inspection program will not apply to out-of-state
transfer stations, if the state in which it is located has a similar
inspection program to that created by Indiana. IDEM maintains a list
of qualifying jurisdiction for this exemption. 329 IAC 11-21-1. The
"inspection" program extends beyond inspection and includes the following:
a. All transfer stations that haul or ship municipal waste to an Indiana
solid waste facility must hold a valid permit issued by the appropriate
governmental agency or agencies. 329 IAC 11-21-3.
b. Incoming waste must be monitored daily by transfer station employees
for special waste, hazardous waste and infectious waste. The monitoring
program must be done either by 2 random inspections per day or an overview
on an ongoing basis. 329 IAC 11-21-4.
c. Records of the random inspections must be kept for one year from
the date of the inspection. 329 IAC 11-21-5.
d. By January 31, of each year transfer stations must submit to IDEM
an annual report identifying any inspection that detected any asbestos,
special waste, hazardous waste or infectious waste and its final disposition.
329 IAC 11-21-6.
e. Transfer station employees responsible for the random inspection
or constant overview must be trained to recognize the visual indications
of unauthorized wastes. 329 IAC 11-21-7.
f. Liquids and vectors must be minimized by management practices, including
but not limited to:
(1) floor cannot have standing water and drainage must be directed to
a sanitary sewer, holding tank or equivalent;
(2) the tipping floor must be cleaned by washdown to prevent odors and
nuisances and the residuals disposed of properly;
(3) municipal waste sorted overnight must be removed from the site the
following day, except for holidays and weekends and sorted in a manner
to promote vector control. This does not apply to nonputrescible waste
segregated for recycling.
329 IAC 11-21-8.
g. General operating requirements include:
(1) truck wheel curbs or an equivalent backup safety device or procedure
is required for below the floor openings
(2) segregated waste designated as recycled material must be stored
in clearly identified containers or permitted areas and maintained in
a safe, sanitary and orderly manner. A record of type and quality shipped
off for reuse or recycling must be maintained.
(3) wastewater liquids and drainage in holding tanks must be emptied
as necessary and properly disposed to prevent overflow
(4) up-to-date plans and specs must be maintained on-site. 329 IAC 11-21-9.
h. Special requirements apply to facilities authorized to accept segregated
infectious waste. 329 IAC 11-21-10.
i. IDEM has published a nonrule policy for the direct transfer of infectious
waste at non-permitted transfer operations. Indiana Register, March
1998.
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CHECKLIST FOR DEADLINES IN INDIANA
SPECIFIC DATES
January 10 State solid waste fees and report due to Department of Revenue;
district solid waste fees and report due to district controller.
January 15 Quarterly tonnage report due.
January 31 Transfer stations must submit to IDEM an annual report identifying
any inspection that detected any asbestos, special waste, hazardous
waste or infectious waste and its final disposition. 329 IAC 11-21-6.
ca January 31 Annual operating fees due (date is dependent on when IDEM
assesses).
February 1 Disposal fees for the period July 1, through December 31
are due. Ind. Code 13-20-21-9 and 11.
February 1 Compost facilities for vegetative matter involving more than
2000 pound a year, must submit annual reports on the volume composted.
Ind. Code 13-20-10.
February 10 State solid waste fees and report due to Department of Revenue;
district solid waste fees and report due to district controller.
March 5, 1998 Interim operators of solid waste incinerators and waste
to energy facilities and operators of land disposal sites must have
passed an accredited certified operator's examination and received a
certified.
March 10 State solid waste fees and report due to Department of Revenue;
district solid waste fees and report due to district controller.
April 10 State solid waste fees and report due to Department of Revenue;
district solid waste fees and report due to district controller.
April 15 Quarterly tonnage report due.
April 15 Quarterly special waste report due.
May 10 State solid waste fees and report due to Department of Revenue;
district solid waste fees and report due to district controller.
June 10 State solid waste fees and report due to Department of Revenue;
district solid waste fees and report due to district controller.
July 10 State solid waste fees and report due to Department of Revenue;
district solid waste fees and report due to district controller.
July 15 Quarterly tonnage report due.
August 1 Disposal fees for the period January 1 through June 30 are
due to IDEM.
August 10 State solid waste fees and report due to Department of Revenue;
district solid waste fees and report due to district controller.
September 10 State solid waste fees and report due to Department of
Revenue; district solid waste fees and report due to district controller.
October 10 State solid waste fees and report due to Department of Revenue;
district solid waste fees and report due to district controller.
October 15 Quarterly tonnage report due.
ca October 30 Annual updates to closure and post-closure financial responsibility
are due. (Depends on anniversary date of when financial responsibility
established. For existing facilities it was required by September 30,
so 30 days is October 30).
November 10 State solid waste fees and report due to Department of Revenue;
district solid waste fees and report due to district controller.
December 10 State solid waste fees and report due to Department of Revenue;
district solid waste fees and report due to district controller.
December 30 Transporters, Brokers and Transfer Stations must file an
annual update before December 31, of each year describing changes that
have occurred since the filing of the good character disclosure statements
or a statement that no changes have occurred. Ind. Code 13-20-6-2.
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ROUTINE REPORTS DUE
3 months after receiving a municipal waste manifest, the final disposal
facility must submit a copy of each manifest to IDEM. 329 IAC 11-15-2
through 329 IAC 11-15-4.
Quarterly Solid Waste haulers who collect solid waste in Indiana and
take the waste to a transfer station or final disposal facility outside
Indiana must submit quarterly reports to IDEM of the state and location
of each out-of-state transfer station or landfill and identify the volume
of solid waste from each county and state taken to the transfer station
or landfill during the reporting period. Ind. Code 13-20-3-2.
Quarterly If an error is found in a previously submitted quarterly tonnage
report by a land disposal facility or processing facility, a revised
report reflecting the correct information must be submitted as an Amended
Report before or with the next quarterly report after finding the error.
329 IAC 10-14-1(e), (f), (g) and (h) and 329 IAC 11-14-1(b), (e), (f)
and (h).
Quarterly If weighing scales break down or are operating improperly
the landfill must submit a written notification of the breakdown along
with each quarterly tonnage report until the scales are repaired. 329
IAC 10-14-2.
Annual Waste tire storage sites, processing facilities and transporters
must submit annual reports to IDEM of the number of waste tires, stored,
processed or transported. Ind. Code 13-20-13 and 329 IAC 12-5.
Annually Until final closure of the facility is certified, the permittee
must annually review and revise the closure financial responsibility
for inflation and for changes in the closure plan that have increased
the cost of closure. 329 IAC 10-39-2(c). This adjustment is due within
30 days after each anniversary date of the original effective date of
establishing financial responsibility for closure.
Annually Annual
updates to post-closure are also required to be provided to IDEM. 329
IAC 10-39-3(c).
SPECIFIED TIME LIMITS FOR SUBMITTALS
2 hours Report spills.
5 days after a solid waste land disposal new or major modification application
has been determined complete, the applicant must place a copy of the
application at a library in the county where the facility will be located.
329 IAC 10-12-1(e).
10 days prior to the applicant's public meeting concerning a solid waste
land disposal new or major modification application, notice must be
published in a newspaper of general circulation in the county where
the facility is located.
10 working days after submitting an application to IDEM for a permit
on property that is undeveloped, the applicant must make a reasonable
effort to provide notice to all owners of land that adjoin the land
that is the subject of a permit application, and to all occupants of
land where the owner does not live on the land. Ind. Code 13-15-8-2.
10 working days after a solid waste land disposal new or major modification
application is submitted to IDEM the applicant shall make a reasonable
effort to give written notice to the owners of record of adjoining land
to the facility or proposed facility of the date the application was
submitted to IDEM and a brief description of the subject of the application.
329 IAC 10-12-1(b).
15 days after a change that affect a pending permit application occurs,
notice must be given to IDEM. Corrected information must be submitted
within a reasonable period of time. 329 IAC 10-11-1(b) and 11-9-1(b).
15 days after notice of a permit decision an appeal must be filed to
challenge conditions of that permit. Ind. Code 13-15-5-1.
21 days Waste acceptance can begin 21 days after IDEM receives that
certification, unless notified otherwise. 329 IAC 10-19-1.
30 days after receiving notice of annual operating fees from IDEM (which
is to be sent no later than January 15th of each year), the annual operating
fee is due to IDEM. Failure to pay when due will result in a 10% delinquency
fee. Failure to pay the fee and delinquency fee results in permit revocation.
The permit can be revoked for failure to pay fees only if IDEM has given
written notice that the fee and delinquency are due and nonpayment continues
for 30 days. Ind. Code 13-20-21-8 and 10.
40 days after IDEM has determined that a solid waste land disposal new
or major modification application is complete, the applicant must conduct
a public meeting in the county where the facility is located.
45 days after an IDEM inspection, IDEM must provide a written report
of its inspection to the permittee. Before IDEM completes an inspection,
it must provide an oral report of the inspection and any potential violations
noted to the property owner before leaving the property. Ind. Code 13-14-5-2.
60 days Period of time allowed to negotiate an agreed resolution to
an enforcement action. 60 days after a Notice of Violation has been
issued, IDEM can proceed to a unilateral order.
90 days Waste tire transporters must submit renewal application 90 days
prior to expiration. Ind. Code 13-20-14-5 and 329 IAC 12-6-4 through
329 IAC 12-6-9.
90 days Must apply for permit, where it was discovered that a permit
was required by an environmental audit, or the privilege against disclosure
is lost.
120 days before a solid waste landfill or processing permit expires
a renewal application must be submitted to IDEM. 329 IAC 10-11-4 and
329 IAC 11-9-4(a).
3 years an enforcement action that was not commenced by IDEM within
3 year after it discovered the event, or the last of a series of events
that serves as the basis for the enforcement action is void. Ind. Code
13-14-6-2 and 3.
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