Sec. 7.
(a) This
section applies to all permits for new solid waste land disposal facilities or
major modifications of permits submitted after March 20, 1990, except those
solid waste land disposal facilities exempt under IC 13-20-1.
(b) In accordance with subsection (a) and in
addition to other permit application requirements outlined in this article, the
following are also required:
(1) A description
of the anticipated area that would be served by the solid waste land disposal
facility as indicated by the following:
(A)
Solid waste management districts or portions of districts.
(B) A county, multiple counties, or portions
of counties.
(C) A county or
multiple counties and the state if the area includes portions outside of
Indiana.
(2) A
description of the existing solid waste facilities that serve the same
described area.
(3) A description
of the need that would be fulfilled by constructing the proposed solid waste
land disposal facility, as follows:
(A) If the
solid waste land disposal facility is proposed in areas with approved district
solid waste management plans, a description of the need identified in the
district solid waste management plan required by IC 13-21-5.
(B) If the solid waste land disposal facility
is proposed in areas without approved district solid waste management plans, a
description of the need for the proposed area to be served.
(4) A description of recycling,
composting, or other activities that the solid waste land disposal facility
would operate within the proposed area of service.
(5) A description of the additional disposal
capacity that the solid waste land disposal facility, if permitted, would
provide for the proposed area of service.
(6) Additional information as requested by
the commissioner.
(c)
This application requirement is satisfied if it is determined that the capacity
applied for is reasonably related to the need shown based upon:
(1) average or representative annual existing
disposal volumes for the solid waste land disposal facility, multiplied by
twenty (20) years;
(2) twenty (20)
year solid waste disposal projections in approved solid waste district plans
for each solid waste management district identifying the solid waste land
disposal facility as a facility to be used by the district;
(3) a shortfall in capacity as shown by the
twenty (20) year solid waste plan for the solid waste management district in
which the solid waste land disposal facility is located; or
(4) any combination of the criteria listed in
this subsection.
(d) The
commissioner shall review the submitted application and the accompanying
materials in accordance with provisions of this article. If it is determined
that there is not a local or regional need in Indiana for the solid waste land
disposal facility, the commissioner shall deny the permit application.
