Current through September 18, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-20-1; IC 13-21-5; IC 13-30-2; IC 25-31; IC
36-9-30
Sec. 5.
(a) This
section applies to the following:
(1) All
permits for new solid waste processing facilities, excluding transfer
stations.
(2) Major modifications
of solid waste processing facility permits, excluding transfer stations, issued
after March 20, 1990.
(b) In accordance with subsection (a), and in
addition to other permit application requirements outlined in this rule, the
following are required:
(1) A description of
the following:
(A) The anticipated area that
would be served by the facility as indicated by the following:
(i) Solid waste management district or
districts if established.
(ii)
County, counties, or portions thereof.
(iii) County, counties, and state if the area
includes portions outside of Indiana.
(B) The existing solid waste management
facilities that serve the same described area.
(C) The need that would be fulfilled by
constructing the proposed facility as follows:
(i) For facilities proposed in areas with
approved district solid waste management plans, any description of the need
that has been identified in the approved district solid waste management plan
required under IC 13-21-5.
(ii) For
facilities proposed in areas without approved district solid waste management
plans or when an approved district solid waste management plan does not address
the need for the type of facility proposed, a description of the need for the
proposed area to be served.
(D) Recycling, composting, or other
activities that the facility would operate within the proposed area of
service.
(2) Additional
information as requested by the commissioner.
(c) The commissioner shall review the
submitted application and accompanying materials in accordance with this rule.
If the commissioner determines that there is not a local or regional need in
Indiana for the solid waste processing facility, the commissioner shall deny
the permit application.
Under P.L. 154-2005, SECTION 18, 329 IAC 11-9-5 is void to
the extent that the rule applies to transfer stations, effective July 1,
2005.
