CHAPTER 10. SOLID WASTE PERMIT CERTIFICATION REQUIREMENTS AND PROGRAMS; WASTE FACILITY OPERATOR TRUST FUND

IC 13-15-10
     Chapter 10. Solid Waste Permit Certification Requirements and Programs; Waste Facility Operator Trust Fund

IC 13-15-10-1
Training and certification program
    
Sec. 1. The solid waste management board shall adopt rules to establish a department operated training and certification program for the following:
        (1) Operators of solid waste incinerators and waste to energy facilities.
        (2) Operators of land disposal sites.
        (3) Operators of facilities described under IC 13-15-1-3 whose operation could have an adverse impact on the environment if not operated properly.
As added by P.L.1-1996, SEC.5.

IC 13-15-10-2
Necessity for certification
    
Sec. 2. A person may not obtain or renew a permit for a facility listed in section 1 of this chapter unless the facility is operated by an individual who is certified under this chapter.
As added by P.L.1-1996, SEC.5.

IC 13-15-10-3
Establishment of trust fund; expenses
    
Sec. 3. (a) The waste facility operator trust fund is established. The solid waste management board shall deposit fees collected under this chapter in the fund.
    (b) Money in the fund shall be used for paying the expenses of the training and certification program described in this chapter.
As added by P.L.1-1996, SEC.5.

IC 13-15-10-4
Rules
    
Sec. 4. The solid waste management board shall adopt rules under IC 4-22-2 to implement this chapter. The rules must include the following:
        (1) Requirements for certification that consider any training that is required by state rule or federal regulation.
        (2) Mandatory testing and retraining.
        (3) Recognition of training programs that the solid waste management board approves to serve as a training program that this chapter requires. A recognized training program may be offered by an employer or by any other provider.
        (4) Recognition of an interim period for which existing facility operators must obtain certification.
As added by P.L.1-1996, SEC.5.

IC 13-15-10-5 Fees
    
Sec. 5. (a) The solid waste management board shall establish by rule and cause to be collected fees for the following:
        (1) Examination of applicants for certification.
        (2) Issuance, renewal, or transfer of a certificate.
        (3) Restoration of an expired certificate when that action is authorized by law.
        (4) Issuance of certificates by reciprocity or endorsement for out-of-state applicants.
        (5) Issuance of board or committee reciprocity or endorsements for resident practitioners who apply to another state for a certificate.
    (b) A fee may not be less than fifty dollars ($50) unless the fee is collected under a rule adopted by the solid waste management board that sets a fee for miscellaneous expenses incurred by the department on behalf of the operators the solid waste management board regulates. The fees may not be less than are required to pay all of the costs, both direct and indirect, of the operation of the department under this chapter.
    (c) A fee may not be charged to an operator employed by a solid waste facility that is wholly owned and operated by a unit of local government.
As added by P.L.1-1996, SEC.5.

IC 13-15-10-6
Method of payment of fees; refunds
    
Sec. 6. (a) For the payment of fees under this chapter, the solid waste management board shall accept cash, a draft, a money order, a cashier's check, and a certified or other personal check.
    (b) If:
        (1) the solid waste management board receives an uncertified personal check for the payment of a fee; and
        (2) the check does not clear the bank;
the solid waste management board may void the license, registration, or certificate for which the check was received.
    (c) Unless designated by rule, a fee is not refundable or transferable.
As added by P.L.1-1996, SEC.5.