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

Affected: IC 13-11-2; IC 13-19; IC 13-20; IC 36-9-30-35

Sec. 4. (a) Except as identified in subsection (b), the definitions in the following statutes and rules apply to this article:

(1) IC 13-11-2

(2) 329 IAC 10-2

(3) 40 CFR 257.2*

(4) 40 CFR 257.53*

The definitions at IC 13-11-2 and 329 IAC 10-2 only apply to the interpretation of Indiana statutes or regulations. To the extent a definition in 40 CFR 257 is different from a definition in IC 13-11-2 or 329 IAC 10-2, the definition in 40 CFR 257 controls.

(b) In addition to the definitions referred to in subsection (a), the following definitions apply throughout this article:

(1) "Insignificant facility modification" means the following:

(A) Relocation of a CCR unit waste hauling road.

(B) Relocation of office buildings.

(C) Changes in sequences of filling in permitted areas.

(D) Installation of temporary sediment control measures.

(E) Installation of leachate control systems to prevent leachate migration off-site.

(F) Installation of weighing scales.

(G) Replacement of a ground water monitoring well or piezometer no more than fifteen (15) feet horizontally from the original location and at an equal depth.

(H) Approvals granted under 329 IAC 14-3-4, unless the commissioner determines the approval to be a minor modification.

(I) Improvements to drainage at the facility or modifications to sediment controls.

(J) Any modification to the CCR unit that the commissioner determines will improve the operation of the facility without significantly altering the approved CCR unit permit.

(2) "Major modification of solid waste land disposal facilities", for purposes of this article, means any increase in a CCR unit that would:

(A) increase the permitted capacity to process or dispose of solid waste or change the closure plan for the lesser of:

(i) more than ten percent (10%) of the area or volume of the unit; or

(ii) five hundred thousand (500,000) cubic yards; or

(B) increase the area within the permitted solid waste boundary or the closure area by more than one (1) acre.

(3) "Minor modification of solid waste land disposal facilities", for purposes of this article:

(A) means any modification in a CCR unit that is not:

(i) a major modification of solid waste land disposal facilities; or

(ii) an insignificant facility modification.

(B) includes the following:

(i) An alternative daily cover (ADC) for fugitive dust and run-off controls.

(ii) A borrow pit that is:

(AA) owned by the owner, operator, or permittee; and

(BB) located onsite or on property adjoining the facility.

*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204.

(Solid Waste Management Division; 329 IAC 14-1-4; filed Mar 13, 2026, 2:07 p.m.: 20260408-IR-329210458FRA)