CHAPTER 2. REGULATION GENERALLY; ADOPTION OF SPECIFIC RULES
IC 13-22-2
Chapter 2. Regulation Generally; Adoption of Specific Rules
IC 13-22-2-1
Duty of department to regulate transportation, treatment, storage,
and disposal of hazardous waste
Sec. 1. The department shall regulate and require the proper and
safe transportation, treatment, storage, and disposal of hazardous
waste that is generated in or transported into Indiana.
As added by P.L.1-1996, SEC.12.
IC 13-22-2-2
Rules to implement chapter
Sec. 2. The solid waste management board shall adopt rules under
IC 4-22-2 to implement this chapter through IC 13-22-8,
IC 13-22-11.5, and IC 13-22-13 through IC 13-22-14.
As added by P.L.1-1996, SEC.12. Amended by P.L.45-1997, SEC.16;
P.L.128-1997, SEC.4.
IC 13-22-2-3
Criteria for determining; listing; emergency rule
Sec. 3. (a) The board shall adopt rules under IC 4-22-2 and
IC 13-14-8 to develop criteria for determining hazardous waste. In
developing those criteria, the board shall determine whether any
waste to be or being disposed of meets any of the following
conditions:
(1) Presents immediate or persistent hazards to humans or
wildlife.
(2) Is resistant to natural degradation or detoxification.
(3) Is bioconcentrative, flammable, reactive, toxic, corrosive, or
infectious in addition to any other harmful characteristics.
(b) The board shall do the following:
(1) Compile and maintain a listing of wastes that have been
determined to be hazardous:
(A) under the criteria described in subsection (a); or
(B) by regulation of the United States Environmental
Protection Agency.
(2) Issue the listing by adopting rules under IC 4-22-2.
However, the board may by resolution adopt an emergency rule
under IC 4-22-2-37.1 to declare any waste determined to be
hazardous under this section.
(c) The board shall consider actions taken by adjoining states and
the federal government for purposes of uniform criteria relating to
the listing and delisting of waste under this section.
(d) The commissioner may exclude a waste produced at a
particular generating facility from the listing under subsection (b) if
the person seeking exclusion of the waste demonstrates to the
satisfaction of the commissioner that the waste does not meet any of
the criteria under which the waste was listed as a hazardous waste
and:
(1) the person seeking exclusion has already obtained exclusion
of the waste from the listing maintained under 40 CFR 261 by
the United States Environmental Protection Agency; or
(2) if the department has received authority from the United
States Environmental Protection Agency to delist waste under
40 CFR 260.20 and 260.22, the person petitions the
commissioner to consider the removal of a waste from the
listing, and the commissioner follows the authorized procedure
for delisting.
(e) The department shall establish a procedure by which a person
may petition the commissioner to consider the removal of a specific
waste from the lists maintained under subsection (b).
As added by P.L.1-1996, SEC.12. Amended by P.L.45-1997, SEC.17;
P.L.128-1997, SEC.5.
IC 13-22-2-4
Rules
Sec. 4. (a) The board shall adopt rules under IC 4-22-2 and
IC 13-14-8 on the proper and safe transportation, treatment, storage,
and disposal of hazardous wastes. Whenever possible, the rules
adopted under this section must allow for variation in Indiana with
regard to population density, climate, and geology.
(b) Rules adopted under this section concerning incinerators used
as hazardous waste facilities may establish requirements more
stringent than the requirements for hazardous waste incinerators
established by regulations adopted by the Administrator of the
United States Environmental Protection Agency under the following
statutes:
(1) The federal Resource Conservation and Recovery Act (42
U.S.C. 6901 et seq.).
(2) The federal Clean Air Act (42 U.S.C. 7401 et seq.), as
amended by the federal Clean Air Act Amendments of 1990
(P.L.101-549).
As added by P.L.1-1996, SEC.12.
IC 13-22-2-5
Hazardous waste facilities; rules
Sec. 5. The rules adopted by the board concerning the
construction and operation of hazardous waste facilities must require,
without limitation, the following:
(1) Provision of contingency plans for effective containment
and control of any emergency condition resulting from an
unanticipated occurrence.
(2) Satisfactory proof of the financial capability of the operator
and owner of the facility.
(3) Satisfactory submission of a plan for and financial assurance
of closure and postclosure monitoring and maintenance of the
facility.
(4) Access to adequate testing facilities onsite or offsite to
verify the chemical and physical characteristics of the
hazardous wastes stored, received, or transferred.
(5) Provision and maintenance of liability insurance by the
owner or operator through self-insurance or from an insurer
licensed or eligible to insure facilities in Indiana for accidental
occurrences in accordance with rules of the board.
(6) Corrective action for all releases of hazardous waste or
constituents from any solid waste management unit at a
hazardous waste facility for which a permit is sought under
IC 13-22-3, regardless of the time at which waste was placed in
the unit. The rules must provide that, if corrective action as
required under this subdivision cannot be completed at the site
of a facility before issuance of the permit, the permit must
contain schedules of compliance for any required corrective
action.
As added by P.L.1-1996, SEC.12.
IC 13-22-2-6
Rules setting standards for closure and postclosure monitoring and
maintenance plans
Sec. 6. The board shall do the following:
(1) Adopt rules under IC 4-22-2 setting standards for closure
and postclosure monitoring and maintenance plans.
(2) Include in the rules a requirement for prior notice of closure
and a time limit for completion of closure.
As added by P.L.1-1996, SEC.12.
IC 13-22-2-7
Rules setting standards for corrective action for release of
hazardous waste
Sec. 7. The board shall adopt rules under IC 4-22-2 setting
standards for corrective action for all releases of hazardous waste or
constituents from any solid waste management unit at a hazardous
waste facility. The standards must require that corrective action be
taken beyond the facility boundary where necessary to protect human
health and the environment, unless the owner or operator of the
facility concerned demonstrates to the satisfaction of the
commissioner that, despite the best efforts of the owner or operator,
the owner or operator is unable to obtain the necessary permission to
undertake that action. The rules adopted under this section apply to
the following:
(1) All facilities operating under permits issued under
IC 13-22-3 or IC 13-7-8.5 (before its repeal).
(2) All landfills, surface impoundments, and waste piles,
including any new units, replacements of existing units, and
lateral expansions of existing units, that receive hazardous
waste after July 26, 1982.
As added by P.L.1-1996, SEC.12.