Section 329 IAC 16-3-1 - ExclusionsAuthority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-30-2; IC 36-9-30
Sec. 1.
(a) The following are excluded from regulation under this article: (1) A site where there is electronic waste in an amount equal to or less than forty-six thousand (46,000) pounds or twenty-three (23) tons enclosed in a building or an enclosed lockable trailer.(2) Short term electronic waste collection and storage, where e-waste or electronic devices are removed within five (5) business days after the conclusion of the short term electronic waste collection and storage and removed and transported to: (A) a facility registered under this article;(B) a permitted facility; or(C) an appropriate facility out of state.(3) Brokers of electronic waste that do not take physical possession of the e-waste or electronic debris.(4) Electronic device refurbishing or retailers of refurbished electronics.(5) Facilities that: (A) hold a valid permit under 329 IAC 3.1, 329 IAC 10, or 329 IAC 11; and(B) process and store the e-waste according to those permit requirements.(6) Any storage or processing that takes place where the e-waste is initially generated.(7) Any recycling operation, such as a materials recovery facility, that may have incidental amounts of e-waste mixed with larger volumes of recyclables.(b) In order to be excluded from regulation under this article, small quantity hazardous waste generators and large quantity hazardous waste generators, including generators that meet any of the exclusions in subsection (a), must comply with the following: (1) Storage and transportation of the e-waste must be in a manner to minimize the release of contaminants to the environment.(2) Disposal must be accomplished according to 329 IAC 16-9.(3) Storage of broken e-waste must be in: (A) a building with a roof, floor, and walls; or(B) an enclosed container.(4) Each container that contains only broken CRTs must be labeled or marked clearly with the following:(A) One (1) of the following phrases:(i) "Used cathode ray tube(s)-contains leaded glass".(ii) "Leaded glass from televisions or computers".(B) "Do not mix with other glass materials".(5) Speculative accumulation is prohibited.(6) Each container that contains broken e-waste other than CRTs must be labeled or marked clearly "Electronic Waste".(7) The broken CRTs and other broken e-waste must be transported in an enclosed container.Solid Waste Management Board; 329 IAC 16-3-1; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA; readopted filed Jul 29, 2013, 9:20 a.m.: 20130828-IR-329130179BFAFiled 1/23/2015, 10:34 a.m.: 20150218-IR-329140019FRA