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 25-31; IC 36-9-30
Sec. 1.
(a) A
quarterly tonnage report of solid waste received at the solid waste processing
facility must be submitted to the commissioner by the owner, operator, or
permittee of that facility.
(b) The report
required by subsection (a) must be submitted:
(1) For all facilities required to report,
except on-site incinerators, on or before the fifteenth day of the month
immediately following the end of the calendar quarter being reported. If the
submittal date falls on a Saturday, Sunday, or national or state legal holiday,
the submittal date will be the next day that is not a Saturday, Sunday, or
holiday.
(2) For on-site
incinerators, annually, on or before the fifteenth of January. If the submittal
date falls on a Saturday, Sunday, or national or state legal holiday, the
submittal date will be the next day that is not a Saturday, Sunday, or
holiday.
(3) For purposes of this
subsection, "on-site" means a facility that accepts solid waste generated
within the facility boundary and may also accept solid waste generated at
various locations owned by the same parent company that owns the facility. The
term does not include an incinerator that is on-site and permitted by rule
under 329 IAC 11-19-2.
(c) The report required by subsection (a)
must be submitted by the owner, operator, or permittee of the permitted solid
waste processing facility that is open to accept solid waste for processing
unless one (1) of the following applies:
(1)
The owner, operator, or permittee of the solid waste processing facility has:
(A) ceased accepting solid waste for a period
of at least one (1) calendar quarter; and
(B) sent written notification to the
commissioner indicating the initiation of final closure under 329 IAC 11-16 if
applicable.
(2) The
solid waste processing facility is not required to obtain a permit under this
article.
(3) The solid waste
processing facility is only required to obtain a permit by rule under 329 IAC
11-19-2(a).
(d) The
solid waste hauler shall provide the owner, operator, or permittee of the solid
waste processing facility with the origin or origins of the solid waste
delivered to the solid waste processing facility. The hauler shall estimate, by
percent, the type and amount of solid waste originating in each county and
state, or country if other than the United States, if the load contains solid
waste from more than one (1) county, state, or country.
(e) The owner, operator, or permittee of the
solid waste processing facility shall submit the quarterly tonnage report,
required under subsection (a) as follows:
(1)
On the most current paper or electronic report form prescribed by the
department. The owner, operator, or permittee may obtain a quarterly tonnage
report form from the department. The form:
(A)
may be photocopied or electronically copied by the owner, operator, or
permittee of the solid waste processing facility; and
(B) in its most current format, may be
computer generated by the owner, operator, or permittee of the solid waste
processing facility.
(2)
The original of each paper report must be signed by the facility owner,
operator, or permittee as certification of report accuracy.
(3) Each report must be accurate, legible,
and complete.
(4) Each electronic
report must contain a unique identification code assigned to the permitted
facility owner, operator, or permittee by the commissioner as certification of
report accuracy and authenticity.
(5) The type and usage of electronic
reporting formats other than described in subdivision (1) must be approved by
the commissioner.
(6) The paper
report and any approved format required by this subsection must include at
least the following information:
(A) The
weight in total tons of solid waste received at the facility for that calendar
quarter compiled by waste type and origin.
(B) The county and state in which the solid
waste originated. If the solid waste originated outside of the United States,
the country must be designated. The origin must be provided to the solid waste
processing facility by the solid waste hauler as described in subsection
(d).
(C) The type, total weight in
tons, and final destination of solid waste received at and transported off-site
from the solid waste processing facility for reuse, recycling or
disposal.
(D) Waste types include
the following:
(i) Municipal solid
waste.
(ii) Construction/demolition
debris.
(iii) Pollution control
waste.
(iv) Other solid
waste.
(f) If the owner, operator, or permittee of
the solid waste processing facility ascertains that there is an error or errors
in any report previously submitted as required by subsection (a), a revised
report reflecting the correct information must be submitted in the same format
as the original submission. The revised report must:
(1) have "Amended" written or typed at the
top of each page of the resubmitted report; and
(2) be submitted before or with the
submission of the next quarterly tonnage report after ascertaining the
error.
(g) Copies of
reports required by this section must be maintained on-site by the facility
owner, operator, or permittee for three (3) years after the submittal date of
the report and be made available during normal operating hours for on-site
inspection and photocopying by a representative of the department.
(h) The facility owner, operator, or
permittee shall maintain the documentation on-site to substantiate reports
required by this section. Such documentation must be maintained by the facility
owner, operator, or permittee for three (3) years after the report's submittal
date and be made available during normal operating hours for on-site inspection
and photocopying by a representative of the department.
(i) Failure to submit reports and copies as
required by this section, or maintain copies of reports and records as required
by this section, constitutes an operational violation under
329 IAC
11-1-1.
(j) A facility required to report by
subsection (a), which does not operate weighing scales for weighing solid
waste, must use the most applicable of the following conversion factors to
determine the weight of municipal solid waste from the volume of municipal
solid waste:
(1) Three and three-tenths (3.3)
cubic yards of compacted solid waste equals one (1) ton of solid
waste.
(2) Six (6) cubic yards of
uncompacted solid waste equals one (1) ton of solid waste.
(3) One (1) cubic yard of baled solid waste
equals one (1) ton of solid waste.
(k) The owner, operator, or permittee of any
solid waste processing facility accepting construction/demolition debris or
pollution control waste, required to report under subsection (a), that does not
operate weighing scales for weighing solid waste, shall use accepted
engineering practices, production information, or other methods approved by the
commissioner to estimate the weight of these solid waste types received at the
facility.
