CHAPTER 3. PERMITS
IC 13-22-3
Chapter 3. Permits
IC 13-22-3-1
Permit programs
Sec. 1. The department shall operate permit programs for allhazardous waste facilities in accordance with IC 13-15.
As added by P.L.1-1996, SEC.12.
IC 13-22-3-2
Issuance
Sec. 2. The department shall issue permits for a hazardous wastefacility constructed and operated in compliance with rules adoptedby the solid waste management board.
As added by P.L.1-1996, SEC.12.
IC 13-22-3-3
Restrictive covenants
Sec. 3. (a) Before allowing the operation of a landfill for thedisposal of hazardous waste, the commissioner and all the owners ofthe land upon which the landfill is located must execute and recorda restrictive covenant upon the land involved. The department shallfile the instrument imposing the restrictive covenant for record in therecorder's office in the county in which the landfill is located.
(b) The covenant must state that:
(1) the land has been or may be used as a landfill for disposal ofhazardous waste; and
(2) neither the property owners, agents, or employees, nor anyof their heirs, successors, lessees, or assignees, may engage infilling, grading, excavating, building, drilling, or mining on theproperty following the completion and closure of the landfillwithout authorization of the commissioner.
(c) Before the commissioner grants an authorization for theactivities prohibited in the covenant, the commissioner shall reviewthe following:
(1) The original design of the landfill.
(2) The type of operation.
(3) The hazardous waste deposited there.
(4) The state of decomposition of the hazardous wastes.
As added by P.L.1-1996, SEC.12.
IC 13-22-3-4
Exceptions to requirements
Sec. 4. There is no requirement for any of the following:
(1) A manifest for onsite transportation.
(2) A permit for treatment or recovery of hazardous wastegenerated as a residual or secondary material from amanufacturing process if the waste is:
(A) recycled;
(B) recovered; or (C) reused;
by the person that generated or utilized the waste.
(3) A permit for the utilization of secondary material underIC 13-22-11.5.
As added by P.L.1-1996, SEC.12. Amended by P.L.45-1997, SEC.18;P.L.128-1997, SEC.6.
IC 13-22-3-5
Exemptions
Sec. 5. The commissioner may exempt the requirement for apermit for the storage, treatment, processing, or disposal of solid orhazardous wastes by a mining operation if:
(1) the mining operation has a permit under IC 14-34; and
(2) the commissioner determines that the department of naturalresources is operating a program of regulation of solid andhazardous wastes derived from mining operations that isequivalent to the regulatory program for those wastes under theenvironmental management laws.
As added by P.L.1-1996, SEC.12.
IC 13-22-3-6
Application for construction permit; contents
Sec. 6. (a) An application for a permit for a hazardous wastetreatment, storage, or disposal facility must include a closure plan. Ifhazardous waste is to be disposed of at the facility, the applicationmust also include a postclosure monitoring and maintenance plan.
(b) The closure plan required under subsection (a) must includeat a minimum the following:
(1) An estimate of the cost of closure.
(2) A description of the method of closure.
(3) Possible uses of the land after closure.
(4) Anticipated time before closure.
(5) An estimate of time to complete closure.
(c) The postclosure monitoring and maintenance plan requiredunder subsection (a) must include at a minimum the following:
(1) An estimate of the cost of postclosure monitoring andmaintenance for a period of thirty (30) years.
(2) A description of the system to be employed for security,groundwater and leachate monitoring, sampling analysis, andperiodic reporting.
As added by P.L.1-1996, SEC.12.
IC 13-22-3-7
Prior convictions; denial of permit
Sec. 7. An individual, a partnership, a limited liability company,or a corporation who or that has been:
(1) convicted of a violation of the environmental managementlaws or IC 13-7 (before its repeal); and
(2) fined or imprisoned;
may not be issued a permit to own or operate a hazardous waste
facility.
As added by P.L.1-1996, SEC.12. Amended by P.L.137-2007,SEC.23.
IC 13-22-3-8
Incinerator for destruction of PCB; permits
Sec. 8. A permit may not be issued under this chapter for theconstruction or operation of an incinerator for the destruction of PCBat levels established under the federal Toxic Substances Control Act(15 U.S.C. 2601 et seq.) or regulations adopted under the federalToxic Substances Control Act and operated as a hazardous wastefacility if the incinerator:
(1) burns or will burn municipal waste to fuel the incinerationprocess; and
(2) is or will be in a solid waste management district establishedunder IC 13-21-3-1 or IC 13-9.5-2-1 (before its repeal);
unless the solid waste management district has incorporated theincinerator as an active part of the district solid waste managementplan submitted by the solid waste management district underIC 13-21-5-1 or IC 13-9.5-4-1 (before its repeal) and approved by thecommissioner under IC 13-21-5-8, IC 13-21-5-9, or IC 13-9.5-4-3(before its repeal).
As added by P.L.1-1996, SEC.12.
IC 13-22-3-9
Incineration of PCB
Sec. 9. In addition to any other requirements, a permit may not beissued under this chapter for the construction or operation of ahazardous waste facility to be used for the incineration of PCB or foran ancillary facility required by the incineration process unless theperson applying for the permit has demonstrated all of the following:
(1) That the destruction or treatment technology to be used atthe proposed hazardous waste facility has been in operation:
(A) at a facility that is equivalent to the proposed hazardouswaste facility; and
(B) for a time sufficient to demonstrate that:
(i) ninety-nine and nine thousand nine hundred ninety-nineten thousandths percent (99.9999%) of the PCB processedat the equivalent facility has been destroyed; and
(ii) a hazardous substance has not been released intoanother solid, liquid, or gaseous substance by thedestruction or treatment technology used in theincineration process.
(2) That monitoring data from an equivalent hazardous wastefacility demonstrates that there are no releases from theequivalent facility that alone or in combination with anothersubstance present a risk of any of the following:
(A) An acute or a chronic human health effect.
(B) An adverse environmental effect.
(3) That a plan to: (A) provide sufficient training, coordination, and equipmentfor state and local emergency response personnel needed torespond to possible releases of harmful substances from theproposed hazardous waste facility or ancillary facility; and
(B) evacuate persons in the geographic area at risk from theworst possible release of:
(i) the PCB; or
(ii) a substance produced in the destruction or treatment ofthe PCB;
from the proposed hazardous waste facility or ancillaryfacility;
has been funded and developed.
As added by P.L.1-1996, SEC.12.
IC 13-22-3-10
Destruction or treatment of certain chemical munitions;monitoring; plan; inspection and oversight protocol
Sec. 10. (a) In addition to any other requirements, a hazardouswaste facility that generates or treats a hazardous waste classified asI001 must demonstrate all of the following:
(1) That the destruction or treatment technology to be used atthe proposed hazardous waste facility:
(A) will destroy or treat ninety-nine and nine thousand ninehundred ninety-nine ten thousandths percent (99.9999%) ofthe chemical munition processed; or
(B) will ensure that the waste has been treated in such a waythat designated chemical munition constituents are treated toa specific level as approved by the commissioner.
(2) That monitoring data from the hazardous waste facilitydemonstrates that there are no emissions from the facility thatalone or in combination with another substance present a risk ofany of the following:
(A) An acute or a chronic human health effect.
(B) An adverse environmental effect.
(3) That a plan to:
(A) provide sufficient training, coordination, and equipmentfor state and local emergency response personnel needed torespond to possible releases of harmful substances from theproposed hazardous waste facility; and
(B) evacuate persons in the geographic area at risk from theworst possible release of:
(i) the chemical munition; or
(ii) a substance related to the destruction or treatment ofthe chemical munition;
from the proposed hazardous waste facility;
has been funded and developed.
(b) The department shall implement an inspection and oversightprotocol for each hazardous waste facility described in subsection (a)to ensure that the requirements of this title are met.
As added by P.L.1-1996, SEC.12. Amended by P.L.172-2005, SEC.1.