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

Affected: IC 13-30-2; IC 25-31; IC 36-9-30

Sec. 1. (a) A quarterly tonnage report of solid waste received at the solid waste processing facility must be submitted to the commissioner by the owner, operator, or permittee of that facility.

(b) The report required by subsection (a) must be submitted:

1. (1) For all facilities required to report, except on-site incinerators, on or before the fifteenth day of the month immediately following the end of the calendar quarter being reported. If the submittal date falls on a Saturday, Sunday, or national or state legal holiday, the submittal date will be the next day that is not a Saturday, Sunday, or holiday.
2. (2) For on-site incinerators, annually, on or before the fifteenth of January. If the submittal date falls on a Saturday, Sunday, or national or state legal holiday, the submittal date will be the next day that is not a Saturday, Sunday, or holiday.
3. (3) For purposes of this subsection, "on-site" means a facility that accepts solid waste generated within the facility boundary and may also accept solid waste generated at various locations owned by the same parent company that owns the facility. The term does not include an incinerator that is on-site and permitted by rule under 329 IAC 11-19-2.

(c) The report required by subsection (a) must be submitted by the owner, operator, or permittee of the permitted solid waste processing facility that is open to accept solid waste for processing unless one (1) of the following applies:

1. (1) The owner, operator, or permittee of the solid waste processing facility has:

   1. (A) ceased accepting solid waste for a period of at least one (1) calendar quarter; and
   2. (B) sent written notification to the commissioner indicating the initiation of final closure under 329 IAC 11-16 if applicable.
2. (2) The solid waste processing facility is not required to obtain a permit under this article.
3. (3) The solid waste processing facility is only required to obtain a permit by rule under 329 IAC 11-19- 2(a).

(d) The solid waste hauler shall provide the owner, operator, or permittee of the solid waste processing facility with the origin or origins of the solid waste delivered to the solid waste processing facility. The hauler shall estimate, by percent, the type and amount of solid waste originating in each county and state, or country if other than the United States, if the load contains solid waste from more than one (1) county, state, or country.

(e) The owner, operator, or permittee of the solid waste processing facility shall submit the quarterly tonnage report, required under subsection (a) as follows:

1. (1) On the most current paper or electronic report form prescribed by the department. The owner, operator, or permittee may obtain a quarterly tonnage report form from the department. The form:

   1. (A) may be photocopied or electronically copied by the owner, operator, or permittee of the solid waste processing facility; and
   2. (B) in its most current format, may be computer generated by the owner, operator, or permittee of the solid waste processing facility.
2. (2) The original of each paper report must be signed by the facility owner, operator, or permittee as certification of report accuracy.
3. (3) Each report must be accurate, legible, and complete.
4. (4) Each electronic report must contain a unique identification code assigned to the permitted facility owner, operator, or permittee by the commissioner as certification of report accuracy and authenticity.
5. (5) The type and usage of electronic reporting formats other than described in subdivision (1) must be approved by the commissioner.

6. (6) The paper report and any approved format required by this subsection must include at least the following information:

   1. (A) The weight in total tons of solid waste received at the facility for that calendar quarter compiled by waste type and origin.
   2. (B) The county and state in which the solid waste originated. If the solid waste originated outside of the United States, the country must be designated. The origin must be provided to the solid waste processing facility by the solid waste hauler as described in subsection (d).
   3. (C) The type, total weight in tons, and final destination of solid waste received at and transported off-site from the solid waste processing facility for reuse, recycling or disposal.

   4. (D) Waste types include the following:

      1. (i) Municipal solid waste.
      2. (ii) Construction/demolition debris.
      3. (iii) Pollution control waste.
      4. (iv) Other solid waste.

(f) If the owner, operator, or permittee of the solid waste processing facility ascertains that there is an error or errors in any report previously submitted as required by subsection (a), a revised report reflecting the correct information must be submitted in the same format as the original submission. The revised report must:

1. (1) have "Amended" written or typed at the top of each page of the resubmitted report; and
2. (2) be submitted before or with the submission of the next quarterly tonnage report after ascertaining the error.

(g) Copies of reports required by this section must be maintained on-site by the facility owner, operator, or permittee for three (3) years after the submittal date of the report and be made available during normal operating hours for on-site inspection and photocopying by a representative of the department.

(h) The facility owner, operator, or permittee shall maintain the documentation on-site to substantiate reports required by this section. Such documentation must be maintained by the facility owner, operator, or permittee for three (3) years after the report's submittal date and be made available during normal operating hours for on-site inspection and photocopying by a representative of the department.

(i) Failure to submit reports and copies as required by this section, or maintain copies of reports and records as required by this section, constitutes an operational violation under 329 IAC 11-1-1.

(j) A facility required to report by subsection (a), which does not operate weighing scales for weighing solid waste, must use the most applicable of the following conversion factors to determine the weight of municipal solid waste from the volume of municipal solid waste:

1. (1) Three and three-tenths (3.3) cubic yards of compacted solid waste equals one (1) ton of solid waste.
2. (2) Six (6) cubic yards of uncompacted solid waste equals one (1) ton of solid waste.
3. (3) One (1) cubic yard of baled solid waste equals one (1) ton of solid waste.

(k) The owner, operator, or permittee of any solid waste processing facility accepting construction/demolition debris or pollution control waste, required to report under subsection (a), that does not operate weighing scales for weighing solid waste, shall use accepted engineering practices, production information, or other methods approved by the commissioner to estimate the weight of these solid waste types received at the facility.

(Solid Waste Management Division; 329 IAC 11-14-1; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1943; readopted filed Nov 16, 2001, 4:43 p.m.: 25 IR 1131, eff Jan 1, 2002; readopted filed May 14, 2007, 1:53 p.m.: 20070523-IR-329070138BFA; readopted filed Jul 29, 2013, 9:20 a.m.: 20130828-IR-329130179BFA; readopted filed Jun 14, 2019, 2:00 p.m.: 20190710-IR- 329190249BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)