Authority: IC 13-20-15-1

Affected: IC 13-20-15-6

Sec. 3. (a) This section does not apply to the disposal of PCB household waste, as defined at 40 CFR 761.3.

(b) If the requirements of section 1 of this rule do not include a requirement for approval by the U.S. EPA Regional Administrator before disposal of a PCB waste, then in addition to compliance with the requirements of section 1 of this rule, a person who disposes of any waste containing PCBs in a MSWLF unit that does not meet the design requirements of 329 IAC 10-17 or in a nonmunicipal solid waste landfill that is not specifically permitted to accept the waste shall do the following:

1. (1) Obtain written authorization from the commissioner before disposal of any quantity of the waste.
2. (2) Comply with any conditions for disposal in the written authorization by the commissioner.

(c) If the requirements of section 1 of this rule do not include a requirement for approval by the U.S. EPA Regional Administrator before disposal of a PCB waste, then in addition to compliance with the requirements of section 1 of this rule, a person who disposes of a waste listed in Table 1 in a MSWLF unit that meets the design requirements of 329 IAC 10-17, or in a nonmunicipal solid waste landfill permitted to accept the PCB waste, shall do the following:

1. (1) Obtain written authorization from the commissioner before disposal of any quantity of the waste.

2. (2) Comply with any conditions for disposal in the written authorization by the commissioner.

   Table 1.

   Waste that contains PCBs at a concentration less than fifty (50) ppm PCBs, resulting from a source that had a PCB concentration greater than or equal to fifty (50) ppm PCBs.

   Items or wastes containing inadvertently generated PCBs.

(Solid Waste Management Division; 329 IAC 4.1-13-1; filed Nov 21, 2006, 7:21 a.m.: 20061220-IR- 329050219FRA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)