Indiana Administrative Code
Title 329 - SOLID WASTE MANAGEMENT DIVISION
Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES
Rule 16 - Municipal Solid Waste Landfills; Location Restrictions
Section 16-3 - Wetlands siting restrictions

Universal Citation: 329 IN Admin Code 16-3

Current through September 18, 2024

Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3

Affected: IC 13-18; IC 13-20; IC 36-9-30

Sec. 3.

(a) This section applies to:

(1) permit applications under this article for new MSWLFs and lateral expansions; or

(2) new MSWLFs permitted under 329 IAC 1.5, which was repealed in 1989, or 329 IAC 2, which was repealed in 1996.

(b) Applicants for new MSWLFs and lateral expansions that are applying for a permit under this article, and new MSWLFs permitted under 329 IAC 1.5, which was repealed in 1989, or 329 IAC 2, which was repealed in 1996, must not:

(1) locate any MSWLF unit within the MSWLF in violation of Section 404 of the Clean Water Act ( 33 U.S.C. 1344 as amended February 4, 1987);

(2) cause or contribute to violations of the Section 401 water quality certification of the Clean Water Act ( 33 U.S.C. 1341 as amended December 27, 1977); and

(3) dredge and fill wetlands under the Clean Water Act ( 33 U.S.C. 1344 as amended February 4, 1987) without an appropriate permit.

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