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

Affected: IC 13-11-2-258; IC 13-30-2; IC 36-9-30

Sec. 1. The following are excluded from regulation under this article:

1. (1) Facilities that hold a valid permit under 329 IAC 10 or 329 IAC 11 to treat, process, store, or dispose of solid or hazardous wastes that are not described in 329 IAC 11.5-1-2.
2. (2) A wastewater treatment plant as defined under IC 13-11-2-258 that has a permit as a publicly owned treatment works (POTW) or an industrial treatment works under 327 IAC 5 that has a permit to discharge and does not store solid waste.
3. (3) Processing, except for digestion or gasification, of uncontaminated and untreated natural growth including sawdust, tree limbs, stumps, leaves, and grass clippings.
4. (4) Facilities permitted under 329 IAC 3.1 are not required to obtain permits for the storage, treatment, or disposal of nonhazardous solid waste described in 329 IAC 11.5-1-2 if the solid waste is treated or disposed of as a hazardous waste at the receiving hazardous waste facility.
5. (5) Wastewater discharge activities regulated by 327 IAC 5.

6. (6) A biomass anaerobic digestion facility or a biomass gasification facility that is a waste management system under 327 IAC 19-13-2 at a concentrated animal feeding operation (CAFO) or a confined feeding operation (CFO), if the facility complies with the following:

   1. (A) 329 IAC 11.5-4-1(g).
   2. (B) 329 IAC 11.5-5.
   3. (C) 329 IAC 11.5-6.
   4. (D) 329 IAC 11.5-7.
   5. (E) 329 IAC 11.5-8, if the facility accepts and stores appropriate feedstock.

(Solid Waste Management Division; 329 IAC 11.5-3-1; filed Mar 14, 2013, 2:57 p.m.: 20130410-IR- 329090193FRA; readopted filed Jun 14, 2019, 2:00 p.m.: 20190710-IR-329190249BFA; filed Nov 19, 2021, 9:03 a.m.: 20211215-IR-329200020FRA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)