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

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

Sec. 1. (a) All registered facilities must store alternative fuels or residues in a manner that does not threaten human health and protects the environment. The following are examples of adequate storage:

1. (1) A building that is weather tight with impervious floors.
2. (2) A container capable of being enclosed.
3. (3) A completely enclosed vehicle.
4. (4) Tanks.
5. (5) Other methods of storage that do not threaten or harm human health or the environment and have been approved by the commissioner.

(b) Speculative accumulation of alternative fuel is not allowed. Facilities registered under this article must engage in only legitimate reuse or recycling as demonstrated by the following:

1. (1) The owner or operator of the registered facility must have a plan to reuse or recycle the alternative fuel that shows the following:

   1. (A) Alternative fuel may be stored for periods exceeding six (6) months if there is a demonstrated need documented at the facility.
   2. (B) The alternative fuel or any residue is stored in accordance with this rule and in a manner reflecting its value as a commodity.

2. (2) The registered facility must maintain records of alternative fuel received at the facility, nonalternative fuels burned in tons daily, and alternative fuel processed at the facility, recorded in estimated tons in a consistent manner at least daily, and include the following:

   1. (A) Btu value for each waste stream.
   2. (B) The total amount of residue shipped from the facility for disposal.
3. (3) Shipping papers and manifests as applicable for shipments of alternative fuel and residue shipped to or from the facility shall be maintained by the facility for a period of three (3) years.

(c) Storage, including the retention, containment, or accumulation of alternative fuel or residue, on a temporary basis must not:

1. (1) threaten or potentially threaten human health; or
2. (2) impact or potentially impact the environment.

It is a rebuttable presumption that storage of alternative fuel or any residue for more than six (6) months constitutes discarding and disposal.

(d) Any outside container or vehicle that is used for storage must be completely closed at the end of the operating day unless other storage provisions are approved by the commissioner.

(Solid Waste Management Division; 329 IAC 11.7-5-1; filed Jan 30, 2013, 12:35 p.m.: 20130227-IR-329090194FRA; readopted filed Jun 14, 2019, 2:00 p.m.: 20190710-IR- 329190249BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)