TITLE 329 SOLID WASTE MANAGEMENT DIVISION
IC 13-14-9.5 NOTICE OF FINAL READOPTION
LSA Document #19-249(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.
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:
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| | 329 IAC 7.1-2-5 | "Geologically sensitive area" defined |
| | 329 IAC 7.1-2-9 | "No further action letter" defined |
| | 329 IAC 7.1-4 | Assessment of Hazardous Substances Response Sites |
| | 329 IAC 8 | HOUSEHOLD HAZARDOUS WASTE GRANTS PROGRAM |
| | 329 IAC 10-9-2 | Municipal solid waste landfill waste criteria |
| | 329 IAC 10-9-3 | Construction/demolition site waste criteria |
| | 329 IAC 10-9-4 | Restricted waste sites waste criteria |
| | 329 IAC 10-9-5 | Nonmunicipal solid waste landfill waste criteria |
| | 329 IAC 10-24 | Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Additional Application Requirements to 329 IAC 10-11 |
| | 329 IAC 10-25 | Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Location Restrictions |
| | 329 IAC 10-26 | Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Liner System Design Standards and Height Increases |
| | 329 IAC 10-27 | Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operation Approval and Preoperational Requirements |
| | 329 IAC 10-28 | Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Operational Requirements |
| | 329 IAC 10-29 | Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Ground Water Monitoring and Corrective Action |
| | 329 IAC 10-30 | Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Closure Requirements |
| | 329 IAC 10-31 | Restricted Waste Sites Type I and Type II and Nonmunicipal Solid Waste Landfills; Post-Closure Requirements |
| | 329 IAC 10-32 | Restricted Waste Site Type III and Construction/Demolition Sites; Additional Application Requirements to 329 IAC 10-11 |
| | 329 IAC 10-33 | Restricted Waste Site Type III and Construction/Demolition Sites; Location Restrictions |
| | 329 IAC 10-34 | Restricted Waste Site Type III and Construction/Demolition Sites; Liner System Design Standards |
| | 329 IAC 10-35 | Restricted Waste Site Type III and Construction/Demolition Sites; Operation Approval and Preoperational Requirements |
| | 329 IAC 10-36 | Restricted Waste Site Type III and Construction/Demolition Sites; Operational Requirements |
| | 329 IAC 10-37 | Restricted Waste Site Type III and Construction/Demolition Sites; Closure Requirements |
| | 329 IAC 10-38 | Restricted Waste Site Type III and Construction/Demolition Sites; Post-Closure Requirements |
| | 329 IAC 11-3 | Exclusions |
| | 329 IAC 11-4 | Previously Permitted Facilities Closed Prior to Effective Date of this Article; Responsibilities |
| | 329 IAC 11-5 | Application of this Article to Existing Permittees and Facilities; Transition Provisions |
| | 329 IAC 11-8 | Solid Waste Processing Facility Classifications and Waste Criteria |
| | 329 IAC 11-10 | Action on Permit and Renewal Permit Applications |
| | 329 IAC 11-14 | Solid Waste Processing Facilities; Quarterly Tonnage Reports |
| | 329 IAC 11-15 | Miscellaneous Requirements Concerning Solid Waste Management |
| | 329 IAC 11.5 | BIOMASS ANAEROBIC DIGESTION FACILITIES AND BIOMASS GASIFICATION FACILITIES |
| | 329 IAC 11.6 | MOBILE HOME SALVAGING FACILITIES |
| | 329 IAC 11.7 | ALTERNATIVE FUEL SOURCE |
| | 329 IAC 12-1 | General Provisions |
| | 329 IAC 12-2-1 | Definitions |
| | 329 IAC 12-2-18 | "Incinerator" defined |
| | 329 IAC 12-2-21.1 | "Interim operator" defined |
| | 329 IAC 12-2-27.1 | "Operator" defined |
| | 329 IAC 12-2-31 | "Processing" defined |
| | 329 IAC 12-2-41 | "Site" defined |
| | 329 IAC 12-2-47 | "Solid waste processing facility" defined |
| | 329 IAC 12-4 | Collection Container Systems |
| | 329 IAC 12-7-8 | Duplicate certificate |
| | 329 IAC 16-1 | General Provisions |
| | 329 IAC 16-2 | Definitions |
| | 329 IAC 16-4 | Thermal or Chemical Treatment |
| | 329 IAC 16-5 | Registration |
| | 329 IAC 16-8 | Employee Training |
| | 329 IAC 16-9 | Disposal of E-Waste |
| | 329 IAC 18-1-1 | Applicability |
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, 2020. 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.
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, 2026. However, all rules are subject to amendment or repeal under IDEM's regular rulemaking process found at
IC 13-14-9.
Filed with Publisher: June 14, 2019, 2:00 p.m.
Posted: 07/10/2019 by Legislative Services Agency
DIN: 20190710-IR-329190249BFA
Composed: Mar 29,2023 2:46:21PM EDT
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