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

Affected: IC 13-20-6; IC 13-20-21

Sec. 11. (a) The commissioner or any designated agent of the department, including a third party contractor, upon presentation of proper credentials shall have authority to:

1. (1) enter onto transfer station property during the normal business hours of the transfer station; and

2. (2) inspect the facility for purposes of assessing compliance with:

   1. (A) this rule;
   2. (B) 329 IAC 11-7; and
   3. (C) 329 IAC 11-14 through 329 IAC 11-15.

(b) The department shall recover costs associated with the inspection of any transfer station. The associated costs must include inspection and travel costs. Recovery of costs for inspections of transfer stations located in this state must be covered by the annual operation fee required in IC 13-20-21. Cost recovery for any other transfer station must occur through an annual billing for the actual costs incurred by the department for inspections of that transfer station conducted during the previous calendar year, but must not exceed the dollar amount of the annual operation fee set forth in IC 13-20-21 that is required to be paid by transfer stations located in Indiana, plus the amount by which actual travel costs incurred in inspecting the transfer station exceed the highest travel cost incurred by the department during the calendar year for any single inspection of a transfer station located in Indiana.

(c) As used in this rule, "travel cost" includes any reimbursement for the following:

1. (1) Mileage.
2. (2) Fares paid for air or ground transportation.
3. (3) Rental car fees.
4. (4) Where reasonably required, meals and lodging, including any applicable taxes or gratuities.

(d) This section does not apply to a transfer station located outside Indiana if the:

1. (1) transfer station is located in a jurisdiction that has a transfer station inspection program similar to that created by this rule; and
2. (2) department has made a determination that the standards of the inspection program, as constituted and as applied, are substantially equivalent to the standards set forth in this rule.

(e) The department shall:

1. (1) maintain a list of jurisdictions qualifying for the exception in subsection (d);
2. (2) publish that list from time to time in the Indiana Register; and
3. (3) provide a copy of the list to any party upon request and upon payment of the cost of providing a copy of the list.

(f) If the owner or operator of a transfer station located outside Indiana believes that the jurisdiction in which the transfer station is located should qualify for the exception in subsection (d), but the jurisdiction is not on the list maintained by the department under subsection (e), the operator may request that the department include the jurisdiction on the list. The department shall then:

1. (1) promptly make a determination whether the jurisdiction qualifies for the exception in subsection (d);
2. (2) either include or exclude the jurisdiction on the list in accordance with its determination; and
3. (3) inform the owner or operator of its determination.

(Solid Waste Management Division; 329 IAC 11-13.5-11; filed Jun 28, 2010, 2:11 p.m.: 20100728-IR- 329060070FRA; readopted filed Jun 6, 2016, 11:52 a.m.: 20160706-IR-329160144BFA; readopted filed Jun 8, 2022, 11:40 a.m.: 20220706-IR-329220122BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)