IC 13-22-3-1 Permit programs
Sec. 1. The department shall operate permit programs for all
hazardous 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 waste
facility constructed and operated in compliance with rules adopted
by 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 the
disposal of hazardous waste, the commissioner and all the owners of
the land upon which the landfill is located must execute and record
a restrictive covenant upon the land involved. The department shall
file the instrument imposing the restrictive covenant for record in the
recorder'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 of
hazardous waste; and
(2) neither the property owners, agents, or employees, nor any
of their heirs, successors, lessees, or assignees, may engage in
filling, grading, excavating, building, drilling, or mining on the
property following the completion and closure of the landfill
without authorization of the commissioner.
(c) Before the commissioner grants an authorization for the
activities prohibited in the covenant, the commissioner shall review
the 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 waste
generated as a residual or secondary material from a
manufacturing 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 under
IC 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 a
permit for the storage, treatment, processing, or disposal of solid or
hazardous 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 natural
resources is operating a program of regulation of solid and
hazardous wastes derived from mining operations that is
equivalent to the regulatory program for those wastes under the
environmental 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 waste
treatment, storage, or disposal facility must include a closure plan. If
hazardous waste is to be disposed of at the facility, the application
must also include a postclosure monitoring and maintenance plan.
(b) The closure plan required under subsection (a) must include
at 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 required
under subsection (a) must include at a minimum the following:
(1) An estimate of the cost of postclosure monitoring and
maintenance for a period of thirty (30) years.
(2) A description of the system to be employed for security,
groundwater and leachate monitoring, sampling analysis, and
periodic 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 management
laws 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 the
construction or operation of an incinerator for the destruction of PCB
at levels established under the federal Toxic Substances Control Act
(15 U.S.C. 2601 et seq.) or regulations adopted under the federal
Toxic Substances Control Act and operated as a hazardous waste
facility if the incinerator:
(1) burns or will burn municipal waste to fuel the incineration
process; and
(2) is or will be in a solid waste management district established
under IC 13-21-3-1 or IC 13-9.5-2-1 (before its repeal);
unless the solid waste management district has incorporated the
incinerator as an active part of the district solid waste management
plan submitted by the solid waste management district under
IC 13-21-5-1 or IC 13-9.5-4-1 (before its repeal) and approved by the
commissioner 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 be
issued under this chapter for the construction or operation of a
hazardous waste facility to be used for the incineration of PCB or for
an ancillary facility required by the incineration process unless the
person applying for the permit has demonstrated all of the following:
(1) That the destruction or treatment technology to be used at
the proposed hazardous waste facility has been in operation:
(A) at a facility that is equivalent to the proposed hazardous
waste facility; and
(B) for a time sufficient to demonstrate that:
(i) ninety-nine and nine thousand nine hundred ninety-nine
ten thousandths percent (99.9999%) of the PCB processed
at the equivalent facility has been destroyed; and
(ii) a hazardous substance has not been released into
another solid, liquid, or gaseous substance by the
destruction or treatment technology used in the
incineration process.
(2) That monitoring data from an equivalent hazardous waste
facility demonstrates that there are no releases from the
equivalent facility that alone or in combination with another
substance 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 equipment
for state and local emergency response personnel needed to
respond to possible releases of harmful substances from the
proposed hazardous waste facility or ancillary facility; and
(B) evacuate persons in the geographic area at risk from the
worst possible release of:
(i) the PCB; or
(ii) a substance produced in the destruction or treatment of
the PCB;
from the proposed hazardous waste facility or ancillary
facility;
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 hazardous
waste facility that generates or treats a hazardous waste classified as
I001 must demonstrate all of the following:
(1) That the destruction or treatment technology to be used at
the proposed hazardous waste facility:
(A) will destroy or treat ninety-nine and nine thousand nine
hundred ninety-nine ten thousandths percent (99.9999%) of
the chemical munition processed; or
(B) will ensure that the waste has been treated in such a way
that designated chemical munition constituents are treated to
a specific level as approved by the commissioner.
(2) That monitoring data from the hazardous waste facility
demonstrates that there are no emissions from the facility that
alone or in combination with another substance 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 equipment
for state and local emergency response personnel needed to
respond to possible releases of harmful substances from the
proposed hazardous waste facility; and
(B) evacuate persons in the geographic area at risk from the
worst possible release of:
(i) the chemical munition; or
(ii) a substance related to the destruction or treatment of
the chemical munition;
from the proposed hazardous waste facility;
has been funded and developed.
(b) The department shall implement an inspection and oversight
protocol 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.
IC 13-22-3-1 Permit programs
Sec. 1. The department shall operate permit programs for all
hazardous 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 waste
facility constructed and operated in compliance with rules adopted
by 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 the
disposal of hazardous waste, the commissioner and all the owners of
the land upon which the landfill is located must execute and record
a restrictive covenant upon the land involved. The department shall
file the instrument imposing the restrictive covenant for record in the
recorder'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 of
hazardous waste; and
(2) neither the property owners, agents, or employees, nor any
of their heirs, successors, lessees, or assignees, may engage in
filling, grading, excavating, building, drilling, or mining on the
property following the completion and closure of the landfill
without authorization of the commissioner.
(c) Before the commissioner grants an authorization for the
activities prohibited in the covenant, the commissioner shall review
the 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 waste
generated as a residual or secondary material from a
manufacturing 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 under
IC 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 a
permit for the storage, treatment, processing, or disposal of solid or
hazardous 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 natural
resources is operating a program of regulation of solid and
hazardous wastes derived from mining operations that is
equivalent to the regulatory program for those wastes under the
environmental 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 waste
treatment, storage, or disposal facility must include a closure plan. If
hazardous waste is to be disposed of at the facility, the application
must also include a postclosure monitoring and maintenance plan.
(b) The closure plan required under subsection (a) must include
at 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 required
under subsection (a) must include at a minimum the following:
(1) An estimate of the cost of postclosure monitoring and
maintenance for a period of thirty (30) years.
(2) A description of the system to be employed for security,
groundwater and leachate monitoring, sampling analysis, and
periodic 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 management
laws 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 the
construction or operation of an incinerator for the destruction of PCB
at levels established under the federal Toxic Substances Control Act
(15 U.S.C. 2601 et seq.) or regulations adopted under the federal
Toxic Substances Control Act and operated as a hazardous waste
facility if the incinerator:
(1) burns or will burn municipal waste to fuel the incineration
process; and
(2) is or will be in a solid waste management district established
under IC 13-21-3-1 or IC 13-9.5-2-1 (before its repeal);
unless the solid waste management district has incorporated the
incinerator as an active part of the district solid waste management
plan submitted by the solid waste management district under
IC 13-21-5-1 or IC 13-9.5-4-1 (before its repeal) and approved by the
commissioner 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 be
issued under this chapter for the construction or operation of a
hazardous waste facility to be used for the incineration of PCB or for
an ancillary facility required by the incineration process unless the
person applying for the permit has demonstrated all of the following:
(1) That the destruction or treatment technology to be used at
the proposed hazardous waste facility has been in operation:
(A) at a facility that is equivalent to the proposed hazardous
waste facility; and
(B) for a time sufficient to demonstrate that:
(i) ninety-nine and nine thousand nine hundred ninety-nine
ten thousandths percent (99.9999%) of the PCB processed
at the equivalent facility has been destroyed; and
(ii) a hazardous substance has not been released into
another solid, liquid, or gaseous substance by the
destruction or treatment technology used in the
incineration process.
(2) That monitoring data from an equivalent hazardous waste
facility demonstrates that there are no releases from the
equivalent facility that alone or in combination with another
substance 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 equipment
for state and local emergency response personnel needed to
respond to possible releases of harmful substances from the
proposed hazardous waste facility or ancillary facility; and
(B) evacuate persons in the geographic area at risk from the
worst possible release of:
(i) the PCB; or
(ii) a substance produced in the destruction or treatment of
the PCB;
from the proposed hazardous waste facility or ancillary
facility;
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 hazardous
waste facility that generates or treats a hazardous waste classified as
I001 must demonstrate all of the following:
(1) That the destruction or treatment technology to be used at
the proposed hazardous waste facility:
(A) will destroy or treat ninety-nine and nine thousand nine
hundred ninety-nine ten thousandths percent (99.9999%) of
the chemical munition processed; or
(B) will ensure that the waste has been treated in such a way
that designated chemical munition constituents are treated to
a specific level as approved by the commissioner.
(2) That monitoring data from the hazardous waste facility
demonstrates that there are no emissions from the facility that
alone or in combination with another substance 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 equipment
for state and local emergency response personnel needed to
respond to possible releases of harmful substances from the
proposed hazardous waste facility; and
(B) evacuate persons in the geographic area at risk from the
worst possible release of:
(i) the chemical munition; or
(ii) a substance related to the destruction or treatment of
the chemical munition;
from the proposed hazardous waste facility;
has been funded and developed.
(b) The department shall implement an inspection and oversight
protocol 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.
IC 13-22-3-1 Permit programs
Sec. 1. The department shall operate permit programs for all
hazardous 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 waste
facility constructed and operated in compliance with rules adopted
by 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 the
disposal of hazardous waste, the commissioner and all the owners of
the land upon which the landfill is located must execute and record
a restrictive covenant upon the land involved. The department shall
file the instrument imposing the restrictive covenant for record in the
recorder'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 of
hazardous waste; and
(2) neither the property owners, agents, or employees, nor any
of their heirs, successors, lessees, or assignees, may engage in
filling, grading, excavating, building, drilling, or mining on the
property following the completion and closure of the landfill
without authorization of the commissioner.
(c) Before the commissioner grants an authorization for the
activities prohibited in the covenant, the commissioner shall review
the 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 waste
generated as a residual or secondary material from a
manufacturing 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 under
IC 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 a
permit for the storage, treatment, processing, or disposal of solid or
hazardous 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 natural
resources is operating a program of regulation of solid and
hazardous wastes derived from mining operations that is
equivalent to the regulatory program for those wastes under the
environmental 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 waste
treatment, storage, or disposal facility must include a closure plan. If
hazardous waste is to be disposed of at the facility, the application
must also include a postclosure monitoring and maintenance plan.
(b) The closure plan required under subsection (a) must include
at 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 required
under subsection (a) must include at a minimum the following:
(1) An estimate of the cost of postclosure monitoring and
maintenance for a period of thirty (30) years.
(2) A description of the system to be employed for security,
groundwater and leachate monitoring, sampling analysis, and
periodic 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 management
laws 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 the
construction or operation of an incinerator for the destruction of PCB
at levels established under the federal Toxic Substances Control Act
(15 U.S.C. 2601 et seq.) or regulations adopted under the federal
Toxic Substances Control Act and operated as a hazardous waste
facility if the incinerator:
(1) burns or will burn municipal waste to fuel the incineration
process; and
(2) is or will be in a solid waste management district established
under IC 13-21-3-1 or IC 13-9.5-2-1 (before its repeal);
unless the solid waste management district has incorporated the
incinerator as an active part of the district solid waste management
plan submitted by the solid waste management district under
IC 13-21-5-1 or IC 13-9.5-4-1 (before its repeal) and approved by the
commissioner 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 be
issued under this chapter for the construction or operation of a
hazardous waste facility to be used for the incineration of PCB or for
an ancillary facility required by the incineration process unless the
person applying for the permit has demonstrated all of the following:
(1) That the destruction or treatment technology to be used at
the proposed hazardous waste facility has been in operation:
(A) at a facility that is equivalent to the proposed hazardous
waste facility; and
(B) for a time sufficient to demonstrate that:
(i) ninety-nine and nine thousand nine hundred ninety-nine
ten thousandths percent (99.9999%) of the PCB processed
at the equivalent facility has been destroyed; and
(ii) a hazardous substance has not been released into
another solid, liquid, or gaseous substance by the
destruction or treatment technology used in the
incineration process.
(2) That monitoring data from an equivalent hazardous waste
facility demonstrates that there are no releases from the
equivalent facility that alone or in combination with another
substance 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 equipment
for state and local emergency response personnel needed to
respond to possible releases of harmful substances from the
proposed hazardous waste facility or ancillary facility; and
(B) evacuate persons in the geographic area at risk from the
worst possible release of:
(i) the PCB; or
(ii) a substance produced in the destruction or treatment of
the PCB;
from the proposed hazardous waste facility or ancillary
facility;
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 hazardous
waste facility that generates or treats a hazardous waste classified as
I001 must demonstrate all of the following:
(1) That the destruction or treatment technology to be used at
the proposed hazardous waste facility:
(A) will destroy or treat ninety-nine and nine thousand nine
hundred ninety-nine ten thousandths percent (99.9999%) of
the chemical munition processed; or
(B) will ensure that the waste has been treated in such a way
that designated chemical munition constituents are treated to
a specific level as approved by the commissioner.
(2) That monitoring data from the hazardous waste facility
demonstrates that there are no emissions from the facility that
alone or in combination with another substance 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 equipment
for state and local emergency response personnel needed to
respond to possible releases of harmful substances from the
proposed hazardous waste facility; and
(B) evacuate persons in the geographic area at risk from the
worst possible release of:
(i) the chemical munition; or
(ii) a substance related to the destruction or treatment of
the chemical munition;
from the proposed hazardous waste facility;
has been funded and developed.
(b) The department shall implement an inspection and oversight
protocol 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.
