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 16-1-2 are
required to register, unless exempted under
329 IAC 16-3-1 or
permitted under
329
IAC 16-4-1. A registration is for a fixed term not to
exceed five (5) years.
(b) The
registration form must be:
(1) filled out
completely; and
(2) submitted to
the commissioner on a form or in a format provided by the
commissioner.
(c) The
commissioner may require the registration to be submitted electronically, as
specified in subsection (d), with an electronic signature.
(d) A registration may be submitted via
electronic media, such as the following:
(1)
Compact disc or digital video disc.
(2) Electronic mail or attachments to
electronic mail.
(3) File transfer
protocol or FTP.
(4) Hypertext
transfer protocol or HTTP.
(5)
Other electronic media deemed acceptable by the department.
(e) The registration must be
renewed as follows:
(1) When any of the
following occur:
(A) Five (5) years have
elapsed since the last renewal.
(B)
The commissioner determines that the process at the facility changed from the
description in the current registration.
(C) The amount in tons of e-waste or
electronic debris specified in subsection (f)(5) changes.
(2) The renewal form must be submitted at
least sixty (60) days before the expiration date of the registration.
(f) The registration 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 of the facility.
(4) The type of facility.
(5) The maximum amounts, in tons, of e-waste
or electronic debris to be stored on site and the probable duration of storage
in business days.
(6) Specify the
location where electronic waste will be stored in:
(A) a building;
(B) a container; or
(C) a vehicle.
(7) The material for the building floor for
all areas where e-waste and electronic debris will be:
(A) stored; or
(B) processed.
(8) A detailed description of e-waste and
electronic debris:
(A) storage;
(B) handling;
(C) processing;
(D) treatment; and
(E) final disposition.
(9) The maximum total amount, in tons, of
e-waste capable of being processed per day.
(10) Other permits from the department for
the facility.
(11) The date the
facility became operational or will be operational.
(12) 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 amounts of e-waste as specified in subdivision (5) and electronic
debris on site at any one (1) time.
(C) Procedures for controlling:
(i) fire;
(ii) explosion;
(iii) spills; and
(iv) contamination.
(D) Areas where e-waste and electronic debris
are contained or stored.
(E) A
floor plan of the registered facility.
(F) A 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.
(13) A description of any electronic debris
resulting from the processing of e-waste.
(14) Cleanup procedures for areas for:
(A) storage;
(B) electronic waste processing;
(C) loading; and
(D) unloading.
(15) The financial assurance documentation
required under
329 IAC
16-11-1.
(g) The owner or operator must sign and
submit the following certification with the registration: "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,
limit the length of, or place additional conditions on a registration under the
following circumstances:
(1) The commissioner,
under IC 13-15-7, has revoked the applicant's previous registration under this
article.
(2) The registration form
is incomplete.
(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;
(3) authorize any
invasion of other private rights;
(4) authorize any infringement of federal,
state, or local laws or regulations; or
(5) preempt any duty to comply with other
state or local requirements.
(j) The commissioner or a designee may revoke
or modify a registration issued under this article for any of the following
reasons:
(1) Violation of a requirement of
this article or a condition of the registration.
(2) Failure to disclose all relevant facts in
obtaining a registration under this article.
(3) A misrepresentation made in obtaining a
registration under this article.
(4) Failing to meet the requirements for a
registration.
(5) Failure to
correct a condition as agreed to in an Agreed Order with the department or,
within the time established in the Agreed Order, come into compliance with one
(1) or both of the following:
(A) The
registration.
(B) This
article.
(k)
If a registration is modified, denied, or revoked under this article, the owner
or operator may appeal under IC
4-21.5-3.
(l) 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.
