Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1

Affected: IC 13-30-2; IC 36-9-30

Sec. 6.5. (a) Except as provided in subsection (f), the commissioner may issue a minor modification for research, development, and demonstration for a new MSWLF, existing MSWLF, or lateral expansion for which the owner or operator proposes to utilize innovative and new methods that vary from either or both of the following criteria provided that the MSWLF has a leachate collection system designed and constructed to maintain less than twelve (12) inches depth of leachate on the liner and an active gas extraction system, which is designed to extract or recover at least sixty percent (60%) of the total volume of the landfill gas produced or generated at the MSWLF:

1. (1) The run-on control system in 329 IAC 10-20-11(a)(1).
2. (2) The liquids restrictions in 329 IAC 10-20-27.

(b) The commissioner may issue a minor modification for research, development and demonstration for a new MSWLF, existing MSWLF, or lateral expansion for which the owner or operator proposes to utilize innovative and new methods that vary from the final cover requirements at 329 IAC 10-22-6, provided:

1. (1) the MSWLF owner/operator demonstrates that the percolation of liquid through the alternative cover system will not cause contamination of ground water or surface water; and
2. (2) will not cause leachate depth on the liner to exceed twelve (12) inches.

(c) Any MSWLF permit minor modification issued under this section must also meet the requirements in section 6 of this rule and must include such terms and conditions at least as protective as this article to assure protection of human health and the environment. The minor modification issued under this section shall do the following:

1. (1) Provide for the construction and operation of such facilities as necessary, for not longer than three (3) years, unless renewed as provided in subsection (e).
2. (2) Provide that the MSWLF must receive only those types and quantities of municipal solid waste and nonhazardous wastes that the commissioner deems appropriate for the purposes of determining the efficacy and performance capabilities of the technology or process.
3. (3) Include such requirements as necessary to protect human health and the environment, including such requirements as necessary for testing and providing information to the commissioner with respect to the operation of the facility.
4. (4) Require the owner or operator of the MSWLF with a minor modification under this section to submit an annual report to the commissioner showing whether and to what extent the site is progressing in attaining project goals. The report will also include a summary of all monitoring and testing results, as well as any other operating information specified by the commissioner in the minor modification given under this section.
5. (5) Require compliance with all requirements, as applicable, under this article.

(d) The commissioner may revoke or amend the minor modification issued under this section and require immediate termination of all operations at the facility allowed by the minor modification issued under this section or other corrective measures at any time the commissioner determines that the overall goals of the project are not being attained, including protection of human health or the environment.

(e) Any minor modification issued under this section shall not exceed a term of three (3) years, and each renewal of this minor modification may not exceed a term of three (3) years. The following apply to this section:

1. (1) The total term for a minor modification issued under this section, including all renewals issued under this section, must not exceed twelve (12) years.

2. (2) As part of the minor modification renewal application under this section, the owner or operator shall provide the following:

   1. (A) A detailed assessment of the approved research, development, and demonstration project showing the status with respect to achieving project goals.
   2. (B) A list of problems and status with respect to problem resolutions.
   3. (C) Any other information that the commissioner determines necessary to assure protection of human health or the environment for the minor modification renewal issued under this section.

(f) An owner or operator of a MSWLF:

1. (1) operating under an exemption set forth in 40 CFR 258.1(f)(1); or
2. (2) that disposes of twenty (20) tons of municipal solid waste per day or less based on an annual average;

is not eligible for a minor modification under this section.

(Solid Waste Management Division; 329 IAC 10-11-6.5; filed May 2, 2005, 2:30 p.m.: 28 IR 2670; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)