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 […]
Sec. 1.3. (a) Except as otherwise provided in this chapter, the board may adopt rules establishing standards and procedures for the legitimate use, instead of disposal, of material otherwise defined as a solid or hazardous waste, including standards and procedures concerning the following: (1) Proper storage and handling. (2) Record keeping. (3) Circumstances under which […]
Sec. 2. (a) The commissioner may enter into agreed orders as provided in IC 13-30-3-6. (b) An environmental law judge under IC 4-21.5-7 shall review orders and determinations of the commissioner. [Pre-1996 Recodification Citation: 13-1-12-8(c).] As added by P.L.1-1996, SEC.9.
Sec. 3. (a) As used in this section and section 3.1 of this chapter, “coal combustion residuals” means fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers. (b) As used in this section, “federal CCR rule” […]
Sec. 3.1. Except as provided in section 3(c) of this chapter, the rules adopted under section 1(a)(1) of this chapter may not regulate the following: (1) The disposal of waste indigenous to the coal mining process and coal combustion residuals if the material: (A) is not included in the definition of hazardous waste or is […]
Sec. 3.2. (a) The CCR program fund is established for the purpose of paying costs incurred by the department in operating the state permit program established under section 3 of this chapter, including: (1) the personnel costs incurred in employing staff needed to perform the duties associated with the state permit program; and (2) the […]
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.
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) […]
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 […]
Sec. 7. The department and the board shall allow a person to use foundry sand that meets Type III criteria under 329 IAC 10-9 for the following activities in accordance with guidance without requiring the person to obtain any permits from the department: (1) As a daily cover for litter and vermin control at a […]
Sec. 7.2. (a) The board may adopt rules under IC 4-22-2 and IC 13-14-9 to develop a voluntary certification program for persons that remediate sites where releases of hazardous substances (as defined in IC 13-11-2-98) or petroleum (as defined in IC 13-11-2-160) have occurred. (b) The rules adopted under this section must establish, at a […]
Sec. 8. The board may not adopt rules under section 1 of this chapter to regulate the following activities involving the legitimate use of slag generated by the production of iron or steel under Bureau of the Census Standard Industrial Classification 3312: (1) Production of slag. (2) Transportation of slag. (3) Storage of slag. (4) […]
Sec. 8.2. The department may modify a permit to prohibit the processing or disposal of specific solid waste at: (1) a solid waste disposal facility; or (2) a solid waste processing facility. As added by P.L.218-2001, SEC.6.
Sec. 9. (a) This section does not apply to an expansion of a solid waste landfill: (1) that accepts only constructiondemolition waste; and (2) for which a constructiondemolition waste permit was issued before January 1, 2005. (b) A solid waste landfill that accepts only constructiondemolition waste shall comply with setback requirements concerning public schools established […]
