IC 13-20-8
    Chapter 8. Regulation of Solid Waste Incineration

IC 13-20-8-1
Rules for construction and operation of incinerators
    Sec. 1. The solid waste management board shall adopt rules underIC 4-22-2 to regulate the construction and operation of incineratorsunder IC 13-14-8. The rules must incorporate by reference pertinentrules adopted by the air pollution control board.
As added by P.L.1-1996, SEC.10.

IC 13-20-8-2
Applications for incinerator permits; rules
    Sec. 2. The rules adopted by the board under this chapter mustestablish requirements for applications for incinerator permits to beissued under this chapter. The rules must require that an applicationinclude the following:
        (1) An engineering description of the following:
            (A) The proposed incinerator.
            (B) All related solid waste processing and pollution controlequipment.
        (2) A description of the operating characteristics of theproposed incinerator.
        (3) A narrative comparing the emissions of the proposedincinerator with those of other proven and operating incineratordesigns.
        (4) A description of control and air monitoring instrumentationfor the proposed incinerator.
        (5) A description of safety, testing, and maintenance proceduresfor the proposed incinerator, including:
            (A) emergency shutdown if a system malfunctions;
            (B) a maintenance schedule; and
            (C) emissions testing and reporting.
        (6) A pre-operational emissions test plan for the proposedincinerator, including methods of stack sampling and analysis,to establish that the incinerator meets regulatory emissionstandards.
As added by P.L.1-1996, SEC.10.

IC 13-20-8-3
Operation of incinerators; rules
    Sec. 3. The rules adopted by the board under this chapterconcerning the operation of incinerators must require compliancewith applicable air pollution control standards and must include thefollowing provisions:
        (1) Control levels for acid gas, sulfur dioxide, oxides ofnitrogen, hydrocarbons, particulates, and other contaminants forwhich control levels are established by the air pollution controlboard or the solid waste management board.
        (2) Requirements for the sampling and analysis of incineration

residues.
        (3) Pre-operational requirements.
        (4) Requirements for operational safeguards to ensure exclusionfrom the incinerator of any hazardous wastes subject toregulation under IC 13-22.
As added by P.L.1-1996, SEC.10.

IC 13-20-8-4
Temporary incinerator operation; rules
    Sec. 4. The rules concerning the operation of incinerators mustallow a reasonable period of time for temporary operation of anincinerator and associated equipment for the following:
        (1) Post-construction adjustment and testing.
        (2) Performing the pre-operational emissions test required undersection 5 of this chapter.
As added by P.L.1-1996, SEC.10.

IC 13-20-8-5
Department duties
    Sec. 5. (a) The department, in accordance with IC 13-15, shalloperate a permit program for all incinerators subject to regulationunder the rules of the air pollution control board and the solid wastemanagement board.
    (b) The department shall issue permits for an incinerator that is incompliance with construction and operating rules adopted by thesolid waste management board and the air pollution control board.
    (c) The department shall grant operating authority under a permitissued by the department only after the owner of the incinerator has:
        (1) complied with all construction and pre-operational standardsestablished by pertinent rules; and
        (2) submitted the results of a pre-operational emissions test thatdemonstrate that the incinerator's performance complies with allpertinent rules.
    (d) The pre-operational emissions test required by this sectionshall be conducted under the supervision of the department. Inaddition, the report of the results of the pre-operational emissions testmust contain a certification that the test was performed incompliance with the following:
        (1) All pertinent rules.
        (2) The pre-operational emissions test plan submitted with thepermit application.
As added by P.L.1-1996, SEC.10.

IC 13-20-8-6
Permit provisions
    Sec. 6. A permit issued under this chapter for the operation of anincinerator must include:
        (1) a provision requiring the permit holder to notify thedepartment and appropriate local government officials of:
            (A) any release of a contaminant in a quantity exceeding a

control level established under section 3 of this chapter;
            (B) any violation of operating requirements established inthe permit;
            (C) any unscheduled shutdown of the incinerator orassociated equipment; or
            (D) any damage to the incinerator or associated equipmentthat could, if unrepaired, result in a release of a contaminantin a quantity exceeding a control level established undersection 3 of this chapter; and
        (2) a provision requiring that the notification be given not laterthan twenty-four (24) hours after the permit holder learns of therelease, violation, shutdown, or damage.
As added by P.L.1-1996, SEC.10.

IC 13-20-8-7
Enforcement of chapter; penalties
    Sec. 7. (a) This chapter shall be enforced under IC 13-30-3.
    (b) A violation of this chapter or a rule adopted under this chapteris subject to criminal prosecution and to the penalties set forth in thefollowing:
        (1) IC 13-30-4.
        (2) IC 13-30-5.
        (3) IC 13-30-8.
As added by P.L.1-1996, SEC.10. Amended by P.L.137-2007,SEC.17.

IC 13-20-8-8
Incinerators operated as hazardous waste facility; applicability ofprovisions
    Sec. 8. A permit is not required under this chapter for theincineration of a solid waste in an incinerator operated as ahazardous waste facility under IC 13-22 if the permit issued for theincinerator under IC 13-22 authorizes the incineration of the solidwaste in the incinerator.
As added by P.L.1-1996, SEC.10.

IC 13-20-8-9
Notification of criteria regarding contents
    Sec. 9. (a) A generator that ships solid waste to a waste-to-energyfacility must, before the facility accepts the solid waste, notify thefacility if the solid waste meets any of the following criteria:
        (1) The solid waste contains:
            (A) a volatile:
                (i) liquid; or
                (ii) solid;
            (B) a powder;
            (C) a flammable material;
            (D) an allergen; or
            (E) a sensitizer.
        (2) The solid waste:            (A) was segregated from other solid waste; or
            (B) received special preparation for shipment.
        (3) The solid waste is a bulk material.
        (4) The solid waste is a waste resulting directly from amanufacturing process.
    (b) The notification under subsection (a) is required before eachshipment by a generator of solid waste in bulk quantities to awaste-to-energy facility.
As added by P.L.218-2001, SEC.8.