Section 329 IAC 11-9-2 - New permit application and major modification applicationAuthority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1; IC 13-19-4-10
Affected: IC 4-21.5-3-4; IC 4-21.5-3-5; IC 13-20-1; IC 13-20-21; IC 13-30-2; IC 36-7-4; IC 36-9-30
Sec. 2.
(a) A complete application for a solid waste processing facility permit must consist of the following information submitted to the commissioner in a format specified by the department on forms provided by the department: (1) The name and address of the applicant or applicants.(2) The name and address of the property owner or owners.(3) The name, address, and location of the facility.(4) The legal description as defined in 329 IAC 11-2-20 for the following: (A) The area for which ownership will be established as required in subdivision (10).(B) The area upon which the facility is located.(C) Sufficient documentation must be provided to verify that the facility is located on property owned or leased by the permittee. Documentation must include a map of the legal description for these areas certified by a registered land surveyor.(5) Facility information, including the following:(A) A description of the type of operation.(B) The planned life of the facility in years.(C) The expected volume of waste to be received in cubic yards per day and tons per day.(D) The type of waste to be received.(6) Signatures and certification statements in compliance with section 3 of this rule.(7) Detailed plans and design specifications as required by the following: (8) Closure plan and post-closure plan under 329 IAC 11-16.(9) Closure financial responsibility under 329 IAC 11-16, a description of the financial instrument that will be used to achieve compliance with financial responsibility provisions and mechanisms as prescribed for solid waste land disposal facilities at 329 IAC 10-39. These documents need not be executed and delivered to the commissioner until after the: (A) review of the technical application; and(B) applicant receives notice of the requirement from the commissioner.(10) Documents necessary to establish ownership or other tenancy of, including an option to purchase, the real estate upon which the facility to be permitted is located, including a certified copy of the deed to the subject real estate showing ownership in the person identified as the owner in the application, or the deed and evidence satisfactory to the commissioner that ownership will be transferred to the owner prior to operation of the facility.(11) In order to assist the commissioner in identifying persons entitled to notice in accordance with IC 4-21.5-3-4 and IC 4-21.5-3-5, the name and address of all owners or last taxpayers of record of property located within one-half (1/2) mile of the site boundaries of a proposed solid waste processing facility.(12) Documentation from the zoning authority that proper zoning approvals have been obtained and one (1) or more of the following documents, as applicable: (A) A copy of the zoning requirements, if any, for solid waste facilities in the area where the facility is to be located.(B) The status of any appeals of any zoning determination and, if none pending, the date by which the appeal must be initiated.(13) The names and addresses of members of the board of county commissioners of a county that is affected by the permit application.(14) The names and addresses of the mayors of any cities that are affected by the permit application.(15) The names and addresses of the presidents of town councils of any towns that are affected by the permit application.(b) Two (2) paper copies and an electronic copy of the completed application and all supporting documentation must be submitted to the commissioner as follows:(1) Sent by registered mail, certified mail, or private carrier or delivered in person.(2) The electronic submission must be in the type and format as prescribed by the commissioner. The commissioner may make a determination that only an electronic copy is needed.(3) Plans and documentation accompanying the application shall be submitted as required by this section.(c) Confidentiality of information submitted in the permit application may be requested in accordance with 329 IAC 6.1.(d) All corporations must submit a certificate of existence signed by the secretary of state.(e) Fees must be submitted with the application in accordance with IC 13-20-21.(f) An application for a solid waste processing facility permit must be accompanied by the plans or documents specified in this rule. Design drawings and specifications must be certified by a registered professional engineer. Design drawings must be properly titled.(g) The following general documentation is required:(1) A United States Geological Survey (USGS) topographic quadrangle map or maps, seven and one-half (7 1/2) minute, or equivalent, to include all areas within two (2) miles of the proposed facility with property boundaries and the proposed processing facility clearly delineated.(2) Documentation of the base flood elevation within one-fourth (1/4) mile of the proposed facility. The following documentation will be accepted: (A) A letter from the Indiana department of natural resources.(B) A national flood insurance program map.(h) Applications must include a plot plan or plans of the facility, including the following: (1) Access control measures such as fences, gates, or natural barriers.(2) Any building where waste will be stored or processed.(3) The general layout of the equipment.(6) Surface water drainage.(7) Culverts, drainage tiles, and legal drains.(8) Gas and electric easements, power lines, and sewers.(9) Floodplains, floodways, wetlands, water courses, surface water features, and potable drinking water wells.(10) Roads and buildings, on and within one-half (1/2) mile of the facility, must be shown. The plot plans and drawings required by this section must be drawn to scale. A bar scale must be shown on the plans to indicate the scale if size changes occur.
(i) Applications must include drawings of all buildings and all structures used for the storage, processing, loading, and unloading of solid waste. Drawings must include the following: (1) The type of construction, construction materials, layout, and dimensions for the storage, processing, loading, and unloading areas.(2) Sanitary facilities, plumbing, sewer connections, and utilities. All liquid waste streams generated or accepted by the facility must be shown on these drawings.
(j) Applications must include a narrative describing the proposed operation, including the following: (1) The anticipated type, quantity, and source of solid waste to be processed at the facility, including population and the area to be served. Include any analyses already completed on the waste and describe the sampling and analysis methods and equipment used. Describe any proposed sampling of waste streams, including analytical methods to be used.(2) A detailed description of all processes used in the handling, sorting, processing, and transportation of the waste, including a waste flow diagram for all waste streams and residues. Flow rates coinciding with the waste flow diagram must be specified.(3) A description of the proposed testing, treatment, and disposition of all waste resulting from the facility. Proposed testing must be adequate to provide for proper treatment and disposal of wastes.(4) Specifications for the base of all areas where wastes will be stored or handled. The surface must be made of materials such as concrete or asphalt. Storage areas must be equipped with spill prevention mechanisms such as curbs and aprons, or the waste must be kept in a leak proof container. Liquid waste storage facilities must be equipped with secondary containment.(5) Names and locations of solid waste land disposal facilities anticipated to receive waste and residue from the facility.(6) A contingency action plan including design capacity of waste storage areas and normal percent of capacity used during routine operations. Specify the maximum inventory of wastes in storage or treatment that will occur at any time during the life of the facility.(7) Procedures for: (C) handling of bulky waste or other materials unsuitable for the proposed process.(8) Daily cleanup procedures for solid waste: (9) Sanitary toilet facilities for employees.(10) Proposed operating hours for the facility.(11) An emergency response plan.Solid Waste Management Board; 329 IAC 11-9-2; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1936; filed Nov 4, 1999, 10:19 a.m.: 23 IR 562; readopted filed Nov 16, 2001, 4:43 p.m.: 25 IR 1126, eff Jan 1, 2002; errata filed Feb 6, 2002, 10:50 a.m.: 25 IR 1906; readopted filed May 14, 2007, 1:53 p.m.: 20070523-IR-329070138BFA; filed Jun 28, 2010, 2:11 p.m.: 20100728-IR-329060070FRAReadopted filed Jun 6, 2016, 11:52 a.m.: 20160706-IR-329160144BFA