Current through March 20, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-19-3; IC 13-20-2; IC 24-6-3-5; IC
36-9-30
Sec. 2.
(a) This
section applies to either of the following:
(1) Solid waste land disposal facilities
receiving a permit from the department after January 1, 1994, that are required
to install weighing scales.
(2)
Existing solid waste land disposal facilities required to install weighing
scales under the following conditions:
(A) The
solid waste land disposal facility is open to accept solid waste for
disposal.
(B) Based on reporting
results required by section 1(a) of this rule, the solid waste land disposal
facility accepts in any calendar year an annual average of more than fifty (50)
tons of solid waste per operating day.
(b) This section does not apply to any solid
waste land disposal facility that receives solid waste from a person that:
(1) generates the solid waste; and
(2) disposes of the solid waste at a solid
waste land disposal facility that is:
(A)
owned by that person; and
(B)
limited to use for the disposal of solid waste generated by that
person.
(c)
Solid waste land disposal facilities required to install weighing scales by
subsection (a) must:
(1) install the weighing
scales within twelve (12) months of determining the installation is
required;
(2) notify the department
in writing of the date the weighing scales became operable after
installation;
(3) effectively
maintain and operate these weighing scales in accordance with IC
24-6;
(4) submit to inspection of
the weighing scales under IC 24-6-3-5; and
(5) weigh all vehicles bringing solid waste
to the working face of the solid waste land disposal facility and report the
total weighed quantity of solid waste in tons as required by section 1 of this
rule.
(d) In the event
that the weighing scales required in subsection (a) break down or are operating
improperly:
(1) the solid waste land disposal
facility owner, operator, or permittee may use the waste quantification methods
in subsection (e) for the duration of the scale breakdown;
(2) the solid waste land disposal facility
owner, operator, or permittee shall submit a written notification of the
breakdown with each quarterly tonnage report required under section 1 of this
rule for each affected quarter;
(3)
the solid waste land disposal facility owner, operator, or permittee shall
submit with the notification required by subdivision (2), the time frames for
actions to be taken to repair the breakdown or inoperable weighing scales;
and
(4) the solid waste land
disposal facility owner, operator, or permittee shall notify the department in
writing that the weighing scales are operable after any repair.
(e) A solid waste land disposal
facility required to report under section 1(a) of this rule but not required to
install and operate weighing scales or a solid waste land disposal facility at
which the scales are operating improperly or are temporarily inoperable shall
use the most applicable of the following conversion factors to determine the
weight of municipal solid waste from the volume of municipal solid waste:
(1) Three and three-tenths (3.3) cubic yards
of compacted solid waste equals one (1) ton of solid waste.
(2) Six (6) cubic yards of uncompacted solid
waste equals one (1) ton of solid waste.
(3) One (1) cubic yard of baled solid waste
equals one (1) ton of solid waste.
(f) Any solid waste land disposal facility
accepting construction/demolition waste or pollution control waste, required to
report under section 1(a) of this rule that is not required by subsection (a)
to install weighing scales to weigh solid waste, shall use accepted engineering
practices, production information, or other methods approved by the department
to estimate the weight of construction/demolition waste and pollution control
waste received at the solid waste land disposal facility.
(g) Failure to install and operate weighing
scales and to notify the department as required by this section constitutes an
operational violation under
329 IAC
10-1-2.
