Current through March 20, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-30-2; IC 36-9-30
Sec. 4.
(a) Except as
provided in this section, the disposal of coal ash residues (including flue gas
desulphurization sludge), foundry sands, and other wastes that have been
classified by the commissioner to meet the criteria established in
329 IAC
10-9-4 for restricted waste site Type IV waste is not
subject to this article.
(b)
Restricted waste site Type IV waste must not be disposed of in violation of the
prohibitions specified under the following:
(1) Wetlands in violation of Section 404 of
the Clean Water Act.
(2) The
critical habitat of an endangered species as defined by 50 CFR 17.
(3) Any floodways:
(A) with drainage areas greater than one (1)
square mile without the approval of the department of natural resources;
or
(B) without provisions to
prevent washout of the waste.
(4) Within areas of karst topography:
(A) without provisions to collect and contain
all of the leachate generated; and
(B) without a demonstration that the
integrity of the area within the solid waste boundary will not be damaged by
subsidence.
(5) Over
mines unless it is demonstrated that the integrity of the area within the solid
waste boundary will not be damaged by subsidence.
(6) Within six hundred (600) feet of a
potable water well in use as a water supply for a dwelling or dwellings on the
date of public notice for zoning approval for the permitted activity or the
date of waste classification by the commissioner, whichever occurs first,
unless written consent is obtained from the owner of the well.
(c) The disposal of all restricted
waste site Type IV waste must meet the disposal control requirements specified
under the following:
(1) If the disposal
operation is found to be in violation of fugitive dust regulations of the air
pollution control board or if the commissioner documents evidence of visible
waste deposits carried by wind or surface water beyond the site property
boundary, restricted waste site Type IV must:
(A) apply daily cover; and
(B) submit a plan to control
dispersal.
(2)
Application of daily cover must continue until a dispersal control plan is
approved by the commissioner.
(d) Restricted waste site Type IV waste must
not be disposed into standing water where the standing water reflects the water
table.
