Statutes, codes, and regulations
Indiana Administrative Code
Title 329 - SOLID WASTE MANAGEMENT DIVISIONArticle 10 - SOLID WASTE LAND DISPOSAL FACILITIES
Rule 329 IAC 10-29 - Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Ground Water Monitoring and Corrective Action
Section 329 IAC 10-29-8 - Increase not attributable to landfill

329 Ind. Admin. Code 10-29-8

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Current through May 29, 2024
Section 329 IAC 10-29-8 - Increase not attributable to landfill

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

Affected: IC 13-30-2; IC 36-9-30

Sec. 8.

If the owner or operator of a restricted waste site Type I or Type II or nonmunicipal solid waste landfill determines, under section 6(d), 7(e), or 7(f) of this rule, that there is a statistically significant increase of the specified constituents at any monitoring device at the solid waste boundary, the owner or operator may demonstrate that a source other than the solid waste facility caused the increase or that the increase resulted from error in sampling, analysis, or evaluation. The owner or operator may make a demonstration under this section in lieu of submitting the information under section 6(d)(2), 7(e)(2), or 7(f) of this rule, only if the demonstration made under this section successfully shows that a source other than the solid waste facility caused the increase or that the increase resulted from error in sampling, analysis, or evaluation. In making a demonstration under this section, the owner or operator shall do the following:

(1) Notify the commissioner in writing, within seven (7) days of determining a statistically significant increase at the monitoring boundary, that the owner or operator intends to make a demonstration under this section.
(2) Within ninety (90) days, submit a report to the commissioner demonstrating that a source other than the solid waste facility caused the increase or that the increase resulted from error in sampling, analysis, or evaluation.
(3) Continue to monitor in accordance with the Phase I monitoring program established under section 6 of this rule or the Phase II monitoring program established under section 7 of this rule as appropriate.

329 IAC 10-29-8

Solid Waste Management Board; 329 IAC 10-29-8; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1903; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed May 14, 2007, 1:53 p.m.: 20070523-IR-329070138BFA
Readopted filed Jul 29, 2013, 9:20 a.m.: 20130828-IR-329130179BFA; readopted filed Jun 14, 2019, 2:00 p.m.: 20190710-IR-329190249BFA