Current through September 18, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-30-2; IC 36-9-30
Sec. 1.
(a) All
registered facilities must store e-waste, electronic debris, and any residue in
one (1) of the following:
(1) A building that
is weather tight.
(2) A closed
container.
(3) A covered
vehicle.
(b) Any
container holding e-waste or electronic debris must have a label with the
following legible information:
(1) The
contents of the container specific to the e-waste or electronic
debris.
(2) The date of delivery at
the registered facility or date of recontainment.
(c) Speculative accumulation of electronic
waste is not allowed. Facilities registered under this article must engage in
only legitimate recycling in accordance with the following:
(1) The owner or operator of the electronic
waste processing facility must have a plan to reuse or recycle the e-waste that
provides the following:
(A) Identification of
the following:
(i) The component or components
of the electronic waste to be reused, recycled, or processed.
(ii) The manner in which the electronic waste
is intended to be reused, recycled, or processed.
(iii) The intended market or markets for the
component or components of the electronic waste.
(B) A reason why any electronic waste is
being stored for periods exceeding one (1) year. Reasons may include that
storage is necessary to accumulate sufficient quantities for shipment or
processing that saves additional costs.
(C) The electronic waste is stored in a
manner:
(i) reflecting its value as a
commodity; and
(ii) in accordance
with this rule.
(2) The electronic waste processing facility
must maintain records of electronic waste coming into the electronic waste
processing facility and materials leaving the electronic waste processing
facility, including the following:
(A) The
total amount of e-waste received.
(B) The total amount of e-waste or material
derived from e-waste shipped from the facility for recycling or
reuse.
(C) The total amount of
e-waste, solid waste, or hazardous waste shipped from the facility for
disposal.
(3) Amounts of
e-waste, material derived from e-waste, solid waste, and hazardous waste:
(A) must be measured in weight only;
and
(B) may be kept in a consistent
manner with either daily, weekly, or monthly records.
(4) Shipping papers and manifests, as
applicable, for shipments of e-waste received and e-waste, solid waste, and
hazardous waste shipped from the facility shall be maintained by the facility
for a period of three (3) years.
(d) Adequate measures must be in place to
control fire hazards, including the following:
(1) The building must have fire-extinguishing
equipment that complies with the Indiana Fire Code as adopted by the Fire
Prevention and Building Safety Commission at 675 IAC 22.
(2) Contingency action plans required under
329 IAC 16-5-1(f)(12)
must be submitted to the local fire
department that services the area.
(e) A building, container, or vehicle storing
e-waste must:
(1) have access controls in
place, such as a locked door or fence with locked gate; and
(2) be secured during nonbusiness
hours.
(f) Other than in
designated storage areas, the land, building, vehicles, and containers must be
maintained clean and free of other solid waste, except for incidental amounts
of solid waste that is not e-waste.
(g) Storage on a temporary basis, including
the retention, containment, or accumulation of solid waste other than e-waste,
must be done in a manner that does not:
(1)
threaten or potentially threaten human health; or
(2) impact or potentially impact the
environment.
However, it must be a rebuttable presumption that storage of
electronic debris, excluding waste that is a hazardous waste subject to
regulation under 329 IAC 3.1 and e-waste, for more than six (6) months
constitutes discarding and disposal.