CHAPTER 8. REGULATION OF SOLID WASTE INCINERATION
IC 13-20-8
Chapter 8. Regulation of Solid Waste Incineration
IC 13-20-8-1
Rules for construction and operation of incinerators
Sec. 1. The solid waste management board shall adopt rules under
IC 4-22-2 to regulate the construction and operation of incinerators
under IC 13-14-8. The rules must incorporate by reference pertinent
rules adopted by the air pollution control board.
As added by P.L.1-1996, SEC.10.
IC 13-20-8-2
Applications for incinerator permits; rules
Sec. 2. The rules adopted by the board under this chapter must
establish requirements for applications for incinerator permits to be
issued under this chapter. The rules must require that an application
include the following:
(1) An engineering description of the following:
(A) The proposed incinerator.
(B) All related solid waste processing and pollution control
equipment.
(2) A description of the operating characteristics of the
proposed incinerator.
(3) A narrative comparing the emissions of the proposed
incinerator with those of other proven and operating incinerator
designs.
(4) A description of control and air monitoring instrumentation
for the proposed incinerator.
(5) A description of safety, testing, and maintenance procedures
for the proposed incinerator, including:
(A) emergency shutdown if a system malfunctions;
(B) a maintenance schedule; and
(C) emissions testing and reporting.
(6) A pre-operational emissions test plan for the proposed
incinerator, including methods of stack sampling and analysis,
to establish that the incinerator meets regulatory emission
standards.
As added by P.L.1-1996, SEC.10.
IC 13-20-8-3
Operation of incinerators; rules
Sec. 3. The rules adopted by the board under this chapter
concerning the operation of incinerators must require compliance
with applicable air pollution control standards and must include the
following provisions:
(1) Control levels for acid gas, sulfur dioxide, oxides of
nitrogen, hydrocarbons, particulates, and other contaminants for
which control levels are established by the air pollution control
board or the solid waste management board.
(2) Requirements for the sampling and analysis of incineration
residues.
(3) Pre-operational requirements.
(4) Requirements for operational safeguards to ensure exclusion
from the incinerator of any hazardous wastes subject to
regulation under IC 13-22.
As added by P.L.1-1996, SEC.10.
IC 13-20-8-4
Temporary incinerator operation; rules
Sec. 4. The rules concerning the operation of incinerators must
allow a reasonable period of time for temporary operation of an
incinerator and associated equipment for the following:
(1) Post-construction adjustment and testing.
(2) Performing the pre-operational emissions test required under
section 5 of this chapter.
As added by P.L.1-1996, SEC.10.
IC 13-20-8-5
Department duties
Sec. 5. (a) The department, in accordance with IC 13-15, shall
operate a permit program for all incinerators subject to regulation
under the rules of the air pollution control board and the solid waste
management board.
(b) The department shall issue permits for an incinerator that is in
compliance with construction and operating rules adopted by the
solid waste management board and the air pollution control board.
(c) The department shall grant operating authority under a permit
issued by the department only after the owner of the incinerator has:
(1) complied with all construction and pre-operational standards
established by pertinent rules; and
(2) submitted the results of a pre-operational emissions test that
demonstrate that the incinerator's performance complies with all
pertinent rules.
(d) The pre-operational emissions test required by this section
shall be conducted under the supervision of the department. In
addition, the report of the results of the pre-operational emissions test
must contain a certification that the test was performed in
compliance with the following:
(1) All pertinent rules.
(2) The pre-operational emissions test plan submitted with the
permit application.
As added by P.L.1-1996, SEC.10.
IC 13-20-8-6
Permit provisions
Sec. 6. A permit issued under this chapter for the operation of an
incinerator must include:
(1) a provision requiring the permit holder to notify the
department and appropriate local government officials of:
(A) any release of a contaminant in a quantity exceeding a
control level established under section 3 of this chapter;
(B) any violation of operating requirements established in
the permit;
(C) any unscheduled shutdown of the incinerator or
associated equipment; or
(D) any damage to the incinerator or associated equipment
that could, if unrepaired, result in a release of a contaminant
in a quantity exceeding a control level established under
section 3 of this chapter; and
(2) a provision requiring that the notification be given not later
than twenty-four (24) hours after the permit holder learns of the
release, violation, shutdown, or damage.
As added by P.L.1-1996, SEC.10.
IC 13-20-8-7
Enforcement of chapter; penalties
Sec. 7. (a) This chapter shall be enforced under IC 13-30-3.
(b) A violation of this chapter or a rule adopted under this chapter
is subject to criminal prosecution and to the penalties set forth in the
following:
(1) IC 13-30-4.
(2) IC 13-30-5.
(3) IC 13-30-8.
As added by P.L.1-1996, SEC.10. Amended by P.L.137-2007,
SEC.17.
IC 13-20-8-8
Incinerators operated as hazardous waste facility; applicability of
provisions
Sec. 8. A permit is not required under this chapter for the
incineration of a solid waste in an incinerator operated as a
hazardous waste facility under IC 13-22 if the permit issued for the
incinerator under IC 13-22 authorizes the incineration of the solid
waste in the incinerator.
As added by P.L.1-1996, SEC.10.
IC 13-20-8-9
Notification of criteria regarding contents
Sec. 9. (a) A generator that ships solid waste to a waste-to-energy
facility must, before the facility accepts the solid waste, notify the
facility if the solid waste meets any of the following criteria:
(1) The solid waste contains:
(A) a volatile:
(i) liquid; or
(ii) solid;
(B) a powder;
(C) a flammable material;
(D) an allergen; or
(E) a sensitizer.
(2) The solid waste:
(A) was segregated from other solid waste; or
(B) received special preparation for shipment.
(3) The solid waste is a bulk material.
(4) The solid waste is a waste resulting directly from a
manufacturing process.
(b) The notification under subsection (a) is required before each
shipment by a generator of solid waste in bulk quantities to a
waste-to-energy facility.
As added by P.L.218-2001, SEC.8.