13-19-4-6. Denial; Mitigating Factors
Sec. 6. Before making a determination to deny an application for the issuance, transfer, or major modification of a permit under section 5 of this chapter, the commissioner shall consider the following mitigating factors: (1) The nature and details of the acts attributed to the applicant or responsible party. (2) With respect to: (A) a […]
13-19-4-7. Findings of Fact
Sec. 7. (a) In taking action under this chapter on an application for the issuance, transfer, or major modification of a permit for a solid waste processing facility, solid waste disposal facility, or hazardous waste facility, the commissioner shall make separately stated findings of fact to support the action taken. (b) The findings of ultimate […]
13-19-4-8. Change of Ownership; Procedure; Exemption; Revocation by Commissioner
Sec. 8. (a) This section does not apply to the transfer of ownership of a facility from a permittee whose business derives less than fifty percent (50%) of its gross revenue from the management of solid waste to a prospective owner whose business derives less than fifty percent (50%) of its gross revenue from the […]
13-19-3-4. Vertical Expansions of Existing Permitted Landfills; Rules Prohibited
Sec. 4. Except as provided by sections 5 and 6 of this chapter, the board and the department may not adopt rules under section 1 of this chapter to: (1) prohibit; or (2) arbitrarily restrict; vertical expansions of existing permitted landfills. [Pre-1996 Recodification Citation: 13-1-12-9(b).] As added by P.L.1-1996, SEC.9. Amended by P.L.122-1996, SEC.3.
13-19-3-5. Vertical Expansions of Existing Permitted Landfills; Environmental Assessments
Sec. 5. Notwithstanding federal regulations, the board and the department shall adopt rules under section 1 of this chapter that require an applicant for a vertical expansion of an existing permitted landfill to submit environmental assessments as part of the application, including the following: (1) Hydrogeology of the existing landfill site and adjacent areas. (2) […]
13-19-3-6. Vertical Expansions of Existing Permitted Landfill; Submission of Design, Engineering, and Operational Requirements
Sec. 6. Notwithstanding federal regulations, the board and the department shall adopt rules under section 1 of this chapter that require the applicant for a vertical expansion of an existing permitted landfill to submit design, engineering, and operational requirements, including the following: (1) A more precise definition of the hydrogeology of the site, including a […]
13-19-1-1. Policy
Sec. 1. The policy of the state is that: (1) source reduction; (2) recycling; and (3) other solid waste management alternatives; are preferred over incineration and landfill disposal as solid waste management methods. [Pre-1996 Recodification Citation: 13-7-1-1(b).] As added by P.L.1-1996, SEC.9.
13-19-1-2. State Goal of Encouraging Source Reduction and Recycling; Annual Report on the Environment; Rules on Legitimate Use of Waste
Sec. 2. (a) The goal of the state is to encourage solid waste source reduction, recycling, and other alternatives to conserve environmental resources. (b) The department shall: (1) produce an annual report on the state of the environment; and (2) develop proposed rules that: (A) provide for the legitimate use of solid and hazardous waste […]
13-19-1-3. Differential Treatment; Injunctive Relief
Sec. 3. (a) The state may not impose differential treatment against solid waste involved in interstate commerce unless: (1) authorized by federal law; (2) differential treatment of solid waste in interstate commerce equalizes financial, regulatory, or enforcement burdens among: (A) persons engaged in or benefitting from the interstate commerce; or (B) any other group of […]
13-19-3-1. Board to Adopt Rules Regulating Solid and Hazardous Waste and Atomic Radiation; Federal Waste Exemptions and Exclusions; Application of Certain Federal Regulation Amendments
Sec. 1. (a) The board shall do the following: (1) Except as otherwise provided in this chapter, adopt rules under IC 4-22-2 and IC 13-14-9 to regulate solid and hazardous waste and atomic radiation in Indiana, including: (A) rules necessary to implement the federal Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), as […]