Sec. 23.
(a) The
owner, operator, or permittee of an MSWLF shall implement a program at the
MSWLF for detecting and preventing the disposal of regulated hazardous waste as
determined by
40 CFR
261.3 or 329 IAC 3.1, polychlorinated
biphenyls (PCB) waste as defined in 40 CFR 761, and unauthorized solid waste.
This program must include, at a minimum, the following:
(1) Random inspections of incoming loads
unless the owner, operator, or permittee takes other steps to ensure that
incoming loads do not contain regulated hazardous waste, PCB waste, or
unauthorized solid waste. A random inspection program must include the
following:
(A) An inspection conducted by an
individual, or individuals, trained to identify regulated hazardous waste, PCB
waste, or unauthorized solid waste that would not be acceptable for disposal at
the MSWLF.
(B) Loads must be
inspected prior to actual disposal of the waste at the working face to provide
the owner, operator, or permittee the opportunity to refuse to accept the
waste.
(C) Loads must be inspected
in a manner that does not present a threat to human health and the
environment.
(D) The frequency must
result in screening at least two percent (2%) of all waste loads.
(E) The commissioner may require additional
inspections or steps be taken to adequately control the receipt of regulated
hazardous waste, PCB waste, and unauthorized solid waste.
(F) This program may be modified to increase
the frequency based on results of the initial program.
(2) If an alternative program to random
inspections is going to be utilized then a description of the alternative
program must be maintained on site and provided to the commissioner upon
request. At a minimum an alternative program must provide an equivalent level
of detection or protection as the random inspections describe in subdivision
(1). The alternative program may be reviewed and modified by the commissioner
to assure equivalency.
(3) Records
of any inspections.
(4) Training of
MSWLF personnel to identify or recognize the visual indications of regulated
hazardous waste, PCB waste, or unauthorized solid waste.
(5) Written notification must be mailed
within forty-eight (48) hours, or two (2) working days, to the commissioner if
a regulated hazardous waste, or PCB waste is discovered at the MSWLF.
(b) If the owner, operator, or
permittee of a MSWLF detects regulated hazardous waste, PCB waste, or
unauthorized solid waste, the owner, operator, or permittee shall remove and
segregate the waste immediately. The waste shall be handled as follows:
(1) Any regulated hazardous waste, PCB waste,
or unauthorized solid waste that is detected by the owner, operator, or
permittee must be managed in accordance with applicable Indiana and federal
regulations.
(2) Any regulated
hazardous waste, PCB waste, or unauthorized solid waste that is segregated must
be adequately secured and contained to prevent leakage or a threat to human
health and the environment.
(3) The
owner, operator, or permittee shall cause the waste to be removed as soon as
practicable, but not to exceed ninety (90) days after discovery, by a person
authorized by applicable state and federal regulations to transport such waste
to a MSWLF approved by applicable state and federal regulations to receive it
for treatment, storage, disposal, transfer, processing, recycling, or
composting.
(4) The owner,
operator, or permittee shall maintain a record on site identifying the date of
discovery of the waste, the identity of the waste, including source, if known,
and a description of how the waste was managed.