Current through September 18, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 4-21.5-3; IC 13-15-7; IC 13-30-2; IC
36-9-30
Sec. 1.
(a) The
owners or operators of all applicable facilities listed under
329 IAC 11.6-1-2
are required to register, unless excluded under
329 IAC 11.6-3-1. A
registration is for a fixed term not to exceed five (5) years. A registration
may be renewed in accordance with this section.
(b) The registration form must be:
(1) filled out completely; and
(2) submitted to the commissioner in
triplicate on a form or in a format provided by the commissioner.
(c) The commissioner may require
the registration to be submitted electronically, with an electronic signature.
However, a registration may always be submitted electronically via electronic
media.
(d) The registration must
be modified whenever the:
(1) process at the
facility changes;
(2) amounts
specified in subsection (f)(5) change; or
(3) location changes.
(e) The renewal form must be submitted at
least sixty (60) days before the expiration date of the registration.
(f) The registration submission
must include the following information:
(1)
The name of the owner, operator, and landowner, if different from the
registered facility owner.
(2)
Addresses and telephone numbers for the owner, operator, and landowner.
(3) The location and address of
the facility.
(4) The type of
facility.
(5) The type and number
of mobile homes or structures that are delivered daily and the maximum number
of each to be stored on-site and the probable duration of storage in days.
(6) A plot plan that has a scale,
including a bar scale, elevations that correlate with U.S. Geological Survey
mean sea level data, north arrow, a map legend, facility boundary, roads,
drainage ways, and identification on the plot plan of where the mobile homes,
structures, parts, and residues will be stored in:
(A) a building;
(B) containers;
(C) vehicles;
(D) tanks; or
(E) other proposed storage provisions or
locations, subject to approval by the commissioner.
(7) Incoming waste testing and screening
procedures to ensure that the registered facility is only processing solid
waste streams that are acceptable for salvaging at this registered facility.
(8) The construction material for
all areas where mobile homes, structures, or parts will be:
(A) stored; or
(B) processed.
(9) A detailed description of the:
(A) storage;
(B) handling;
(C) processing;
(D) treatment; and
(E) final disposition;
of the mobile homes or structures.
(10) The maximum number of mobile
homes and structures to be processed in a month.
(11) Other permits from the department for
the facility.
(12) The date the
facility became operational or will become operational.
(13) A contingency action plan that specifies
the following:
(A) An outline of the method or
methods of waste disposal to be implemented if the registered facility is
unable to operate or process.
(B)
The maximum amount of mobile homes, structures, parts, and residues at the
facility at any one (1) time.
(C)
Emergency response plan for controlling:
(i)
fire;
(ii) explosion;
(iii) spills; and
(iv) contamination.
(D) If required, a spill prevention control
plan under Section 311(j)(1)(C) of the Clean Water Act, as amended by the Oil
Pollution Act of 1990.
(E) A floor
plan and plot plan of the registered facility. The plot plan must include the
information required in subdivision (6).
(F) A United States Geological Service (USGS)
map that identifies the facility location and any access roads.
(G) Telephone numbers for the fire department
responsible for responding to a fire or emergency at the registered facility.
(14) A description of
any residue, leachate, or wastewater resulting from the processing or storing
of mobile homes, structures, or parts. Applicable surface water controls under
327 IAC 15-6 must be specified.
(15) Cleanup procedures for the:
(A) storage;
(B) waste processing;
(C) loading; and
(16) The financial assurance documentation
required under
329 IAC
11.6-9-1.
(g) The owner or operator must sign and
submit the following certification with the registration submission: "I certify
under penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted
is, to the best of my knowledge, true, accurate, and complete. I am aware that
there are significant penalties for submitting false information, including a
fine or imprisonment for a knowing violation. I further certify that I am
authorized to submit this information.".
(h) The commissioner or a designee may deny,
revoke, limit the length of, or place additional conditions on a registration
if the commissioner determines one (1) or more of the following:
(1) The commissioner, under IC 13-15-7, has
revoked the applicant's previous registration under this article.
(2) The registration submission is
incomplete.
(3) There is a
violation of a requirement of this article or a condition of the registration.
(4) There is a failure to disclose
all relevant facts in obtaining a registration under this article.
(5) There is a misrepresentation made in
obtaining a registration under this article.
(6) The permittee fails to meet the
requirements for a registration.
(7) The permittee fails to correct a
condition as agreed to in an agreed order with the department or commissioner's
order, or within the time established in the agreed order or commissioner's
order, come into compliance with:
(A) the
registration;
(B) this article; or
(C) both.
(i) The issuance of a registration
does not:
(1) convey any property right of any
sort or any exclusive privileges;
(2) authorize any injury to persons or
private property or invasion of other private rights or any infringement of
federal, state, or local laws or regulations; or
(3) preempt any duty to comply with other
federal, state, or local requirements.
(j) A registration is not transferable. A new
owner or operator:
(1) must submit a
registration form to the commissioner thirty (30) days in advance of taking
ownership of the facility; and
(2)
may operate the facility in the interim.
