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

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

Sec. 1. (a) The owner, operator, or permittee of a CCR unit is required to obtain a permit under this article, unless:

(1) The CCR unit received a closure certification approval from the commissioner or the CCR unit's closure certification was deemed adequate due to expiration of the time during which the commissioner was required to respond; and

(2) If applicable, the CCR unit received a post-closure certification approval from the commissioner or the CCR unit's post-closure certification was deemed adequate due to expiration of the time during which the commissioner was required to respond.

(b) Except as described in subsections (c), (d), and (e), permit applications for CCR units are subject to 329 IAC 10-11 through 329 IAC 10-13.

(c) Except to the extent 40 CFR 257.100(f)(5)(i) and (ii)*, 40 CFR 257.102(b)(2)(iii), and 40 CFR 257.104(d)(2)(iii)* establish later deadlines for certain closure and post-closure plans, the owner, operator, or permittee of a CCR unit that is under construction or otherwise in existence on the effective date of this article shall submit a permit application to the commissioner within one hundred eighty (180) days of the effective date of this article.

(d) The following requirements do not apply to the permitting of CCR units:

(1) Any requirements related to methane gas or explosive gas plans in 329 IAC 10.

(2) Any requirements related to stormwater pollution prevention plans in 329 IAC 10.

(3) Any requirements related to baled waste management in 329 IAC 10.

(4) The requirements related to an aquifer of significance in 329 IAC 10.

(e) In addition to the requirements of subsection (a), the owner or operator of the CCR unit shall provide the following items with the permit application. Each item must be certified by a qualified professional engineer:

(1) Documentation of compliance with location restrictions in 40 CFR 257.60 through 40 CFR 257.64*.

(2) Documentation of compliance with 40 CFR 257.70 through 40 CFR 257.72*.

(3) Documentation of compliance with design and structural integrity criteria for all new surface impoundments as required by 40 CFR 257.73* and 40 CFR 257.74*.

(4) Documentation of compliance with hydrologic and hydraulic capacity requirements for CCR surface impoundments as required by 40 CFR 257.82*.

(5) Periodic hazard potential classification assessments as required by 40 CFR 257.73(a)(2)* and 40 CFR 257.74(a)(2)*.

(6) Fugitive dust control plans as required by 40 CFR 257.80*.

(7) An emergency action plan as required by 40 CFR 257.73(a)(3)* or 40 CFR 257.74(a)(3)*.

(8) A quality assurance project plan as specified under 40 CFR 257.93*.

(9) A sampling and analysis plan as specified under 40 CFR 257.93*.

(10) A general description for developing the statistical evaluation plan following the statistical procedures and methods specified in 40 CFR 257.93*.

(11) Documentation of compliance with surface water run-on and run-off controls for CCR landfills, lateral expansion of the landfill, or overfills as required under 40 CFR 257.81*.

(12) For a new or lateral expansion of a CCR surface impoundment, methods of disposal or sluicing of CCR in the operational plan.

(13) Documentation of compliance with 40 CFR 257.83* and 40 CFR 257.84*, including any required inspection reports.

(f) Overfills, retrofits, and lateral expansions are subject to the permit requirements of this article.

(g) One permit application may be submitted for multiple CCR units located at the same 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 14-2-1; filed Mar 13, 2026, 2:07 p.m.: 20260408-IR-329210458FRA)