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 e-waste, electronic debris, and any residue in one (1) of the following:

1. (1) A building that is weather tight.
2. (2) A closed container.
3. (3) A covered vehicle.

(b) Any container holding e-waste or electronic debris must have a label with the following legible information:

1. (1) The contents of the container specific to the e-waste or electronic debris.
2. (2) The date of delivery at the registered facility or date of recontainment.

(c) Speculative accumulation of electronic waste is not allowed. Facilities registered under this article must engage in only legitimate recycling in accordance with the following:

1. (1) The owner or operator of the electronic waste processing facility must have a plan to reuse or recycle the e-waste that provides the following:

   1. (A) Identification of the following:

      1. (i) The component or components of the electronic waste to be reused, recycled, or processed.
      2. (ii) The manner in which the electronic waste is intended to be reused, recycled, or processed.
      3. (iii) The intended market or markets for the component or components of the electronic waste.
   2. (B) A reason why any electronic waste is being stored for periods exceeding one (1) year. Reasons may include that storage is necessary to accumulate sufficient quantities for shipment or processing that saves additional costs.

   3. (C) The electronic waste is stored in a manner:

      1. (i) reflecting its value as a commodity; and
      2. (ii) in accordance with this rule.

2. (2) The electronic waste processing facility must maintain records of electronic waste coming into the electronic waste processing facility and materials leaving the electronic waste processing facility, including the following:

   1. (A) The total amount of e-waste received.
   2. (B) The total amount of e-waste or material derived from e-waste shipped from the facility for recycling or reuse.
   3. (C) The total amount of e-waste, solid waste, or hazardous waste shipped from the facility for disposal.

3. (3) Amounts of e-waste, material derived from e-waste, solid waste, and hazardous waste:

   1. (A) must be measured in weight only; and
   2. (B) may be kept in a consistent manner with either daily, weekly, or monthly records.
4. (4) Shipping papers and manifests, as applicable, for shipments of e-waste received and e-waste, solid waste, and hazardous waste shipped from the facility shall be maintained by the facility for a period of three (3) years.

(d) Adequate measures must be in place to control fire hazards, including the following:

1. (1) The building must have fire-extinguishing equipment that complies with the Indiana Fire Code as adopted by the Fire Prevention and Building Safety Commission at 675 IAC 22.
2. (2) Contingency action plans required under 329 IAC 16-5-1(f)(12) must be submitted to the local fire department that services the area.

(e) A building, container, or vehicle storing e-waste must:

1. (1) have access controls in place, such as a locked door or fence with locked gate; and
2. (2) be secured during nonbusiness hours.

(f) Other than in designated storage areas, the land, building, vehicles, and containers must be maintained clean and free of other solid waste, except for incidental amounts of solid waste that is not e-waste.

(g) Storage on a temporary basis, including the retention, containment, or accumulation of solid waste other than e-waste, must be done in a manner that does not:

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

However, it must be a rebuttable presumption that storage of electronic debris, excluding waste that is a hazardous waste subject to regulation under 329 IAC 3.1 and e-waste, for more than six (6) months constitutes discarding and disposal.

(Solid Waste Management Division; 329 IAC 16-6-1; filed Aug 15, 2007, 10:22 a.m.: 20070912-IR-329050181FRA; readopted filed Jul 29, 2013, 9:20 a.m.: 20130828-IR-329130179BFA; filed Jan 23, 2015, 10:34 a.m.: 20150218-IR-329140019FRA; readopted filed May 18, 2021, 1:04 p.m.: 20210609-IR-329210117BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR- 329230812RFA)