-IR- Database Guide
-IR- Database: Indiana Register

TITLE 329 SOLID WASTE MANAGEMENT DIVISION

IC 13-14-9.5 NOTICE OF FINAL READOPTION
LSA Document #22-122(F)


Readopts rules in anticipation of IC 13-14-9.5-2, providing that an administrative rule adopted under IC 13-14-9 expires January 1 of the seventh year after the year in which the rule takes effect unless the rule contains an earlier expiration date. Effective 30 days after filing with the Publisher.

PURPOSE OF NOTICE
Under IC 13-14-9.5-4(c), the Indiana Department of Environmental Management (IDEM) is publishing a notice of readoption of rules in Title 329 of the Indiana Administrative Code. With this notice, IDEM is providing notification that the following rules are readopted:

READOPTED RULES:
  329 IAC 1-2  Restrictive Covenants 
  329 IAC 5  STATE ENVIRONMENTAL POLICY 
  329 IAC 6.1  PUBLIC RECORDS; CONFIDENTIAL INFORMATION; CONFIDENTIALITY AGREEMENTS 
  329 IAC 10-7.2  Generator Responsibilities for Waste Information 
  329 IAC 10-8.2  Management Requirements for Certain Solid Wastes 
  329 IAC 11-1  General Provisions 
  329 IAC 11-2  Definitions 
  329 IAC 11-9  Application Procedure for All Solid Waste Processing Facilities 
  329 IAC 11-11  Permit Issuance and Miscellaneous Provisions 
  329 IAC 11-12  Solid Waste Processing Facilities; Operation Approval and Preoperational Requirements 
  329 IAC 11-13.5-2  Access control 
  329 IAC 11-13.5-3  On-site roads 
  329 IAC 11-13.5-4  Signs 
  329 IAC 11-13.5-5  Processing facilities waste criteria 
  329 IAC 11-13.5-6  Operational requirements 
  329 IAC 11-13.5-7  Safety requirements 
  329 IAC 11-13.5-8  Use of contingency action plan 
  329 IAC 11-13.5-9  Records and reports 
  329 IAC 11-13.5-10  Training-transfer stations 
  329 IAC 11-13.5-11  Inspections of transfer stations 
  329 IAC 11-13.5-12  Permits required for transfer stations 
  329 IAC 11-13.5-14  General operating requirements for transfer stations 
  329 IAC 11-13.5-15  Infectious waste at transfer stations 
  329 IAC 11-13.5-16  Incidental transfer of small amounts of whole waste tires at transfer stations 
  329 IAC 11-16  Solid Waste Processing Facilities; Closure and Post-Closure Requirements 
  329 IAC 18  VOLUNTARY PERFORMANCE BASED LEADERSHIP PROGRAMS 

RULES TO EXPIRE: None.

AUTHORITY: IC 13-14-9.5.

HISTORY
First Notice of Comment Period: April 13, 2022, Indiana Register (DIN: 20220413-IR-329220122BNA).

SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING
This rulemaking is required under IC 13-14-9.5, which provides for the expiration and readoption of administrative rules. The rules listed to be readopted have an expiration date of January 1, 2023. IDEM has chosen to readopt all affected rules at one time rather than readopt each rule separately as its expiration date approaches.
Under IC 13-14-9.5-4, the department or board that has rulemaking authority under Title 13 may readopt all rules subject to expiration under one rule that lists all rules that are readopted by their titles and subtitles only. If no comments are received during the first comment period, IDEM may submit the rule for filing with the Publisher under IC 4-22-2-35 and publish a notice in the Indiana Register that the agency has readopted the rule.

STATUTORY AND REGULATORY REQUIREMENTS
IC 13-14-9.5-4 requires that the following procedures be followed to readopt rules:
(1) A notice listing all rules to be readopted by their titles and subtitles must be submitted to the Publisher for publication in the Indiana Register.
(2) If a person submits a written request and a basis for the request during the first comment period that a particular rule be readopted separately from the readoption rule that readopts all rules in one rulemaking, the agency shall:
(A) consider readoption of that rule separately from the readoption rule; and
(B) follow the procedure for adoption of administrative rules under IC 13-14-9 with respect to that rule.
(3) If no written request is provided within the first comment period, the agency may submit the rule for filing with the Publisher under IC 4-22-2-35 and publish a notice in the Indiana Register that the agency has readopted the rule.

NOTICE OF READOPTION
The following rules received no comments during the first notice of comment period requesting that a particular rule be readopted separately from the readoption rule that readopts all rules in one rulemaking and are not exempt from the readoption process under IC 13-14-9.5:
Therefore, the above-listed rules are readopted under IC 13-14-9.5-4. The rules have been submitted to the Publisher for filing and are effective 30 days after that filing date. The rules will remain in effect until their next expiration date, January 1, 2029. However, all rules are subject to amendment or repeal under IDEM's regular rulemaking process found at IC 13-14-9.

LSA Document #22-122(F)
First Notice of Comment Period: 20220413-IR-329220122BNA
Filed with Publisher: June 8, 2022, 11:40 a.m.

Posted: 07/06/2022 by Legislative Services Agency

DIN: 20220706-IR-329220122BFA
Composed: Feb 01,2023 8:15:34PM EST
A PDF version of this document.