IC 13-22-2
    Chapter 2. Regulation Generally; Adoption of Specific Rules

IC 13-22-2-1
Duty of department to regulate transportation, treatment, storage,and disposal of hazardous waste
    Sec. 1. The department shall regulate and require the proper andsafe transportation, treatment, storage, and disposal of hazardouswaste that is generated in or transported into Indiana.
As added by P.L.1-1996, SEC.12.

IC 13-22-2-2
Rules to implement chapter
    Sec. 2. The solid waste management board shall adopt rules underIC 4-22-2 to implement this chapter through IC 13-22-8,IC 13-22-11.5, and IC 13-22-13 through IC 13-22-14.
As added by P.L.1-1996, SEC.12. Amended by P.L.45-1997, SEC.16;P.L.128-1997, SEC.4.

IC 13-22-2-3
Criteria for determining; listing; emergency rule
    Sec. 3. (a) The board shall adopt rules under IC 4-22-2 andIC 13-14-8 to develop criteria for determining hazardous waste. Indeveloping those criteria, the board shall determine whether anywaste to be or being disposed of meets any of the followingconditions:
        (1) Presents immediate or persistent hazards to humans orwildlife.
        (2) Is resistant to natural degradation or detoxification.
        (3) Is bioconcentrative, flammable, reactive, toxic, corrosive, orinfectious in addition to any other harmful characteristics.
    (b) The board shall do the following:
        (1) Compile and maintain a listing of wastes that have beendetermined to be hazardous:
            (A) under the criteria described in subsection (a); or
            (B) by regulation of the United States EnvironmentalProtection Agency.
        (2) Issue the listing by adopting rules under IC 4-22-2.However, the board may by resolution adopt an emergency ruleunder IC 4-22-2-37.1 to declare any waste determined to behazardous under this section.
    (c) The board shall consider actions taken by adjoining states andthe federal government for purposes of uniform criteria relating tothe listing and delisting of waste under this section.
    (d) The commissioner may exclude a waste produced at aparticular generating facility from the listing under subsection (b) ifthe person seeking exclusion of the waste demonstrates to thesatisfaction of the commissioner that the waste does not meet any ofthe criteria under which the waste was listed as a hazardous wasteand:        (1) the person seeking exclusion has already obtained exclusionof the waste from the listing maintained under 40 CFR 261 bythe United States Environmental Protection Agency; or
        (2) if the department has received authority from the UnitedStates Environmental Protection Agency to delist waste under40 CFR 260.20 and 260.22, the person petitions thecommissioner to consider the removal of a waste from thelisting, and the commissioner follows the authorized procedurefor delisting.
    (e) The department shall establish a procedure by which a personmay petition the commissioner to consider the removal of a specificwaste from the lists maintained under subsection (b).
As added by P.L.1-1996, SEC.12. Amended by P.L.45-1997, SEC.17;P.L.128-1997, SEC.5.

IC 13-22-2-4
Rules
    Sec. 4. (a) The board shall adopt rules under IC 4-22-2 andIC 13-14-8 on the proper and safe transportation, treatment, storage,and disposal of hazardous wastes. Whenever possible, the rulesadopted under this section must allow for variation in Indiana withregard to population density, climate, and geology.
    (b) Rules adopted under this section concerning incinerators usedas hazardous waste facilities may establish requirements morestringent than the requirements for hazardous waste incineratorsestablished by regulations adopted by the Administrator of theUnited States Environmental Protection Agency under the followingstatutes:
        (1) The federal Resource Conservation and Recovery Act (42U.S.C. 6901 et seq.).
        (2) The federal Clean Air Act (42 U.S.C. 7401 et seq.), asamended by the federal Clean Air Act Amendments of 1990(P.L.101-549).
As added by P.L.1-1996, SEC.12.

IC 13-22-2-5
Hazardous waste facilities; rules
    Sec. 5. The rules adopted by the board concerning theconstruction and operation of hazardous waste facilities must require,without limitation, the following:
        (1) Provision of contingency plans for effective containmentand control of any emergency condition resulting from anunanticipated occurrence.
        (2) Satisfactory proof of the financial capability of the operatorand owner of the facility.
        (3) Satisfactory submission of a plan for and financial assuranceof closure and postclosure monitoring and maintenance of thefacility.
        (4) Access to adequate testing facilities onsite or offsite toverify the chemical and physical characteristics of the

hazardous wastes stored, received, or transferred.
        (5) Provision and maintenance of liability insurance by theowner or operator through self-insurance or from an insurerlicensed or eligible to insure facilities in Indiana for accidentaloccurrences in accordance with rules of the board.
        (6) Corrective action for all releases of hazardous waste orconstituents from any solid waste management unit at ahazardous waste facility for which a permit is sought underIC 13-22-3, regardless of the time at which waste was placed inthe unit. The rules must provide that, if corrective action asrequired under this subdivision cannot be completed at the siteof a facility before issuance of the permit, the permit mustcontain schedules of compliance for any required correctiveaction.
As added by P.L.1-1996, SEC.12.

IC 13-22-2-6
Rules setting standards for closure and postclosure monitoring andmaintenance plans
    Sec. 6. The board shall do the following:
        (1) Adopt rules under IC 4-22-2 setting standards for closureand postclosure monitoring and maintenance plans.
        (2) Include in the rules a requirement for prior notice of closureand a time limit for completion of closure.
As added by P.L.1-1996, SEC.12.

IC 13-22-2-7
Rules setting standards for corrective action for release ofhazardous waste
    Sec. 7. The board shall adopt rules under IC 4-22-2 settingstandards for corrective action for all releases of hazardous waste orconstituents from any solid waste management unit at a hazardouswaste facility. The standards must require that corrective action betaken beyond the facility boundary where necessary to protect humanhealth and the environment, unless the owner or operator of thefacility concerned demonstrates to the satisfaction of thecommissioner that, despite the best efforts of the owner or operator,the owner or operator is unable to obtain the necessary permission toundertake that action. The rules adopted under this section apply tothe following:
        (1) All facilities operating under permits issued underIC 13-22-3 or IC 13-7-8.5 (before its repeal).
        (2) All landfills, surface impoundments, and waste piles,including any new units, replacements of existing units, andlateral expansions of existing units, that receive hazardouswaste after July 26, 1982.
As added by P.L.1-1996, SEC.12.