329 Ind. Admin. Code 4.1-8-3

Current through September 4, 2024

Section 329 IAC 4.1-8-3 - Location restrictions

Authority: IC 13-20-15-1

Affected: IC 13-20-15-6; IC 36-7-4

Sec. 3.

(a) A chemical waste landfill must comply with the location restrictions in 329 IAC 10-16 that apply to a new MSWLF or MSWLF unit permitted under 329 IAC 10, except that the reduction of setback distances in 329 IAC 10-16-12 does not apply to a chemical waste landfill.

(b) The owner or operator of a chemical waste landfill shall provide documentation that all required zoning and other local approvals, if any are required, have been obtained before written approval under 329 IAC 4.1-4-1, which incorporates 40 CFR 761.75(c) by reference, is requested. Documentation that all required zoning and other local approvals have been obtained may include the following:

(1) A copy of the:

(A) zoning requirements, if any, for solid waste facilities in the area;

(B) improvement location permit or occupancy permit issued by the zoning authority having jurisdiction for the site, if a solid waste land disposal facility is permitted by the zoning ordinance in the area;

(C) amendment to the zoning ordinance adopted under IC 36-7-4-901 et seq., if:

(i) a change in the zone maps is required for the area; or

(ii) such amendment is required for the area; and

(D) variance, special exception, special use, contingent use, or conditional use approved under IC 36-7-4-918.2 through IC 36-7-4-918.5, if such approval is required for the area;

where the facility is to be located.

(2) The status of any appeal of any zoning determination as described in subdivision (1)(B) through (1)(D) and, if none is pending, the date by which the appeal must be initiated.

(c) The owner or operator of a chemical waste landfill shall not dredge or fill wetlands, except in compliance with an appropriate permit required by Section 404 of the Clean Water Act, as amended ( 33 U.S.C. 1344) .

329 IAC 4.1-8-3

Solid Waste Management Board; 329 IAC 4.1-8-3; filed Jul 14, 2000, 11:09 a.m.: 23 IR 3079; filed Nov 21, 2006, 7:21 a.m.: 20061220-IR-329050219FRA

Errata Filed 2/19/2018, 10:06 a.m: 20180228-IR-329180109ACA