Indiana Administrative Code
Title 329 - SOLID WASTE MANAGEMENT DIVISION
Article 11 - SOLID WASTE PROCESSING FACILITIES
Rule 3 - Exclusions
Section 3-1 - Exclusions; general

Universal Citation: 329 IN Admin Code 3-1

Current through September 18, 2024

Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1

Affected: IC 13-11-2-245; IC 13-11-2-266; IC 13-18-10; IC 13-19-3-3; IC 13-30-2; IC 36-9-30

Sec. 1.

The following solid waste management activities are not subject to the provisions of this article:

(1) Processing and disposing of only uncontaminated:

(A) rocks;

(B) bricks;

(C) concrete;

(D) road demolition waste materials; or

(E) dirt.

(2) Land application activities regulated by 327 IAC 6.1 and 327 IAC 7.

(3) Confined feeding operation activities regulated by IC 13-18-10.

(4) Wastewater discharge activities regulated by 327 IAC 5.

(5) Processing of waste when the waste, other than tires, has been segregated from the general MSW stream prior to arrival at a processing facility. To qualify for exclusion from this article, the facility must do the following:

(A) In the regular course of business, receive distinct and recognizable solid waste items that do not require substantial further processing. Substantial further processing includes any thermal or chemical treatment of the waste, as well as physical processing such as shredding, breaking, compacting, or mixing with other materials or waste beyond the processing needed to render the waste more amenable for transport.

(B) Return those items for reuse in manufacturing including any intermediate processing steps before being sent for manufacturing.

(C) Not have more than ten percent (10%) of the solid waste that passes through the facility ultimately taken for final disposal. This is determined by the weight of material passing through the facility in a calendar quarter.

(6) Processing of solid waste that takes place at the generating facility.

(7) Processing and disposal of uncontaminated and untreated natural growth solid waste, including the following:

(A) Tree limbs.

(B) Stumps.

(C) Leaves.

(D) Grass clippings.

(8) The disposal of coal ash, transported by water, into an ash pond that has received a water pollution control facility construction permit under 327 IAC 3.

(9) The operation of surface impoundments; however, the final disposal of solid waste in such facilities at the end of their operation is subject to approval by the commissioner except as excluded under subdivision (8).

(10) Uses and disposal of coal waste as exempted from regulation in IC 13-19-3-3.

(11) The legitimate use of iron and steelmaking slags, including the use as a base for road building, but not including use for land reclamation except as allowed under subdivision (13).

(12) The legitimate use of foundry sand that has been demonstrated as suitable for restricted waste site Type III under the provisions of 329 IAC 10-9, including the use as a base for road building, but not including use for land reclamation except as allowed under subdivision (13).

(13) Solid waste management activities or legitimate uses of solid waste determined by the commissioner to not pose a threat to public health or the environment.

(14) Processing or storage of electronic waste or e-waste, which is any solid waste that is the following or has the following component:

(A) A circuit board, including a shredded circuit board.

(B) A diode.

(C) A CRT.

(D) A computer.

(E) An electronic device.

E-waste does not include vehicles, as defined by IC 13-11-2-245, or white goods, as defined by IC 13-11-2-266. Electronic waste is regulated under 329 IAC 16 and must comply with all applicable standards and requirements under 329 IAC 16.

(15) The transfer of closed waste containers meeting the following criteria where the solid waste is not removed from the container:

(A) The container remains closed.

(B) The solid waste in the container is only nonmunicipal solid waste.

(C) The solid waste is stored in the container for not more than ten (10) days.

(16) Biomass anaerobic digestion facilities and biomass gasification facilities that are registered under 329 IAC 11.5.

(17) Any mobile home salvaging operation registered under 329 IAC 11.6.

(18) Any facility that uses industrial process waste or commercial waste as an alternative fuel source and is registered under 329 IAC 11.7.

(19) Crematoriums for human and animal remains.

(20) Burning engineered wood waste as a fuel. As used in this subdivision, "engineered wood", also called composite wood or man-made wood, includes a range of derivative wood products that are manufactured by binding together the strands, particles, fibers, or veneers.

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