CHAPTER 1. DEMONSTRATION OF NEED FOR SOLID WASTE MANAGEMENT FACILITIES

IC 13-20

    ARTICLE 20. SOLID WASTE MANAGEMENT



IC 13-20-1

    

Chapter 1. Demonstration of Need for Solid Waste Management
Facilities

IC 13-20-1-1

Exempt entities

    

Sec. 1. This chapter does not apply to an individual, a corporation,
a partnership, a limited liability company, or a business association
that in its regular business activity:

        (1) produces solid waste as a byproduct of or incidental to its
regular business activity; and

        (2) disposes of the solid waste at a site that is:

            (A) owned by the individual, corporation, partnership,
limited liability company, or business association; and

            (B) limited to use by that individual, corporation,
partnership, limited liability company, or business
association for the disposal of solid waste produced by:

                (i) that individual, corporation, partnership, limited
liability company, or business association; or

                (ii) a subsidiary of an entity referred to in item (i).

As added by P.L.1-1996, SEC.10. Amended by P.L.138-2000, SEC.6;
P.L.1-2001, SEC.19; P.L.218-2001, SEC.7; P.L.154-2005, SEC.10.

IC 13-20-1-2

Need for local or regional facility

    

Sec. 2. A person that applies for a permit for a solid waste
disposal facility or a solid waste processing facility, except for a
transfer station, must demonstrate that there is a local or regional
need in Indiana for the facility.

As added by P.L.1-1996, SEC.10. Amended by P.L.154-2005,
SEC.11.

IC 13-20-1-3

Demonstration statement

    

Sec. 3. A person that applies for a permit referred to in section 2
of this chapter must submit the following information to the
department along with the permit application:

        (1) A description of the area that would be served by the solid
waste disposal or processing facility.

        (2) A description of existing solid waste management facilities
in the area that would be served by the solid waste disposal
facility.

        (3) A description of the need that would be fulfilled by
constructing the solid waste disposal facility.

As added by P.L.1-1996, SEC.10. Amended by P.L.154-2005,
SEC.12.

IC 13-20-1-4

Denial of permit

    

Sec. 4. If the department determines that there is not a local or
regional need in Indiana for the solid waste disposal facility, the
person referred to in section 2 of this chapter may not receive a
permit described under IC 13-15-1-3 of this chapter. If a permit is
denied under this section, the department must provide the person
referred to in section 2 of this chapter with a statement describing the
reasons the department denied the permit.

As added by P.L.1-1996, SEC.10. Amended by P.L.154-2005,
SEC.13.

IC 13-20-1-5

Rules

    

Sec. 5. The solid waste management board shall adopt rules under
IC 4-22-2 to implement this chapter.

As added by P.L.1-1996, SEC.10.