Authority: IC 13-14-8; IC 13-15-10-4; IC 13-19-3-1

Affected: IC 13-15-10; IC 36-9-30

Sec. 2. (a) Solid waste facilities described in section 1 of this rule must have at least one (1) interim or certified operator at the facility at all times when the facility is in operation. If the interim or certified operator is absent from the facility, the interim or certified operator must be available by electronic communication device or telephone.

(b) Except as provided in subsection (c) or (e), an individual shall not perform the duties of an operator unless that individual has a valid certificate from the commissioner.

(c) A solid waste facility may operate with an interim operator if the certified operator:

1. (1) leaves employment at the facility; or
2. (2) is unable to fulfill the duties of a certified operator.

(d) A solid waste facility must keep the following information for each interim operator in the operating record:

1. (1) The name of the interim operator.
2. (2) The date on which the interim operator was designated responsible for the operation of the facility.

(e) An interim operator designated under subsection (c) may serve for up to one hundred twenty (120) days after the:

1. (1) departure of the certified operator; or
2. (2) date the certified operator is unable to fulfill the duties of a certified operator.

(f) A request for an extension of the one hundred twenty (120) day time period may be made by:

1. (1) submitting a written request for extension to the commissioner; and
2. (2) providing an explanation of the reason the extension is being requested.

(g) The certified operator shall:

1. (1) post the certificate in the office of the facility at which the individual is currently serving as a certified operator; and
2. (2) make the certificate and a government-issued photographic identification available for inspection upon request by a department representative during an inspection.

(h) When an operator begins or terminates employment with a facility, the facility must notify the department in writing with the following information:

1. (1) The name of the new or former operator.
2. (2) The date that the new operator begins employment or the former operator terminates employment.

(Solid Waste Management Division; 329 IAC 12-7-2; filed Feb 3, 1997, 9:15 a.m.: 20 IR 1481; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed May 14, 2007, 1:53 p.m.: 20070523-IR-329070138BFA; readopted filed Jul 29, 2013, 9:20 a.m.: 20130828-IR-329130179BFA; filed Aug 1, 2016, 3:41 p.m.: 20160831-IR-329140111FRA, eff Jan 1, 2017; readopted filed May 12, 2023, 1:06 p.m.: 20230607-IR-329230082BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR- 329230812RFA)