Current through March 20, 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 facilities described under 329 IAC 11.7-1 are
required to register, unless excluded under
329 IAC 11.7-3-1. 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 of
alternative fuel specified in subsection (f)(5) change; or
(3) location of the facility changes.
(e) The registration
may be renewed by submitting a renewal form 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 maximum amounts,
in tons, of alternative fuel that are delivered daily and the maximum amounts
of each to be stored on-site and the probable duration of storage in days.
(6) Incoming waste testing and
screening procedures to ensure that the registered facility is processing solid
waste streams that are acceptable for use as an alternative fuel at this
registered facility.
(7) 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 alternative fuel will be stored or processed in:
(A) a building, including floor plan;
(B) containers;
(C) vehicles;
(D) tanks; or
(E) other proposed storage locations subject
to approval by the commissioner.
(8) The construction material for all areas
where alternative fuel 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 alternative fuel or solid waste generated.
(10) The maximum total
amount, in tons, of alternative fuel and nonalternative fuel feed capable of
being processed per hour.
(11)
Other permits from the department for the facility.
(12) The date the facility became operational
or will be 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 and there is no more remaining storage capacity for the
alternative fuel that has been approved in the registration.
(B) The maximum amount of alternative fuel as
specified in subdivision (5) 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.
(E) Areas where alternative fuels are
contained or stored.
(F) A plot
plan of the registered facility. The plot plan must include the information
required in subdivision (7).
(G) A
United States Geological Service (USGS) map that identifies the facility
location and any access roads.
(H)
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 alternative fuel.
Applicable surface water controls under 327 IAC 15-6 must be specified.
(15) Alternative fuel handling and
waste housekeeping procedures for the:
(A)
storage;
(B) waste processing;
(C) loading; and
(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 applicant fails to meet the
requirements for a registration.
(7) The owner or operator 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.
