Section 329 IAC 10-11-2.5 - Permit application for new land disposal facility and lateral expansionsAuthority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 4-21.5-3-5; IC 13-11-2-265; IC 13-14-11-3; IC 13-20-21; IC 14-31-1; IC 36-7-4; IC 36-9-30
Sec. 2.5.
(a) In addition to the application requirements given in section 2.1 of this rule, a complete application for a solid waste land disposal facility permit or for a major modification of a solid waste land disposal facility permit for a lateral expansion must include all the following information: (1) Detailed plans and design specifications as required by:(A)329 IAC 10-15 through 329 IAC 10-19 and 329 IAC 10-22, as applicable;(B)329 IAC 10-24 through 329 IAC 10-27 and 329 IAC 10-30, as applicable; or(C)329 IAC 10-32 through 329 IAC 10-35 and 329 IAC 10-37, as applicable.(2) Closure and post-closure plans as required by: (A)329 IAC 10-22-2 and 329 IAC 10-23-3, as applicable;(B)329 IAC 10-30-4 and 329 IAC 10-31-3, as applicable; or(C)329 IAC 10-37-4 and 329 IAC 10-38-3, as applicable.(3) The detailed plans and design specifications required by subdivision (1) and the closure and post-closure plans required by subdivision (2) must be certified by a registered professional engineer and must be properly titled.(4) A description of the financial instrument that will be used to achieve compliance with financial responsibility provisions of 329 IAC 10-39.(5) Documents necessary to establish ownership or other tenancy, such as an option to purchase, of the real estate upon which the solid waste land disposal facility to be permitted is located. The documentation must include a certified copy of the deed to the subject real estate showing ownership in the person identified as the owner in the application or the deed and evidence satisfactory to the commissioner that ownership will be transferred to the proper person for purposes of this rule, if not already done, prior to operation of the solid waste land disposal facility.(6) Documentation that proper zoning approvals have been obtained, including the following, if applicable: (A) A copy of the zoning requirements, if any, for solid waste facilities in the area where the solid waste land disposal facility is to be located.(B) A copy of the improvement location permit or occupancy permit issued by the zoning authority having jurisdiction for the site, if a solid waste land disposal facility is permitted by the zoning ordinance in the area where the solid waste land disposal facility is to be located.(C) A copy of the amendment to the zoning ordinance adopted under IC 36-7-4-901 et seq. if a change in the zone maps is required for the area where the solid waste land disposal facility is to be located.(D) A copy of the amendment to the zoning ordinance adopted under IC 36-7-4-901 et seq. if the amendment is required for the area where the solid waste land disposal facility is to be located.(E) A copy of the variance, special exception, special use, contingent use, or conditional use approved under IC 36-7-4-918.2 through IC 36-7-4-918.5 if the approval is required for the area where the solid waste land disposal facility is to be located.(F) The status of any appeal of any zoning determination as described in clauses (B) through (E) and, if none is pending, the date by which the appeal must be initiated.(7) A United States Geological Survey topographical quadrangle map seven and one-half (7 1/2) minute, or equivalent, to include all areas within two (2) miles of the proposed facility boundaries with real property boundaries and proposed solid waste boundaries clearly delineated.(8) Documentation of the base flood elevation within one-fourth (1/4) mile of the proposed facility boundaries. Either of the following forms of documentation are acceptable: (A) A letter from the department of natural resources.(B) A national flood insurance program map.(9) A scaled map that depicts the following features, which are known to the applicant or are discernable from public records, on and within one-half (1/2) mile of the proposed facility boundaries: (C) City, township, county, state, or national forests or parks.(I) Floodplains, floodway fringes, and floodways.(M) Nature preserves regulated under IC 14-31-1 or any critical habitats as contained in 50 CFR 17.95 * or 50 CFR 17.96 *.(U) Surface or underground mines. (W) Water courses or surface water, including reservoirs.(Y) Wetlands. Where any of these features do not exist, it should be noted either on the map or in an attached document.
(10) Locations where storm water may be directly discharged into ground water, such as an abandoned well or sinkhole, or a notation if none exist.(11) Locations of specific points where storm water discharge will leave the facility boundary.(12) Names of all receiving waters. If the discharge is to a separate municipal storm sewer, identify the name of the municipal operator and the ultimate receiving water of the storm water discharge.(13) Identification of the regulated municipal separate storm sewer system entity receiving the storm water discharge, if applicable.(14) A soil map and related description data as published by the United States Department of Agriculture, Natural Resources Conservation Service.(15) Current United States Geological Survey (USGS) hydrologic unit code up to fourteen (14) digits.(16) Well logs and a topographic map indicating the location and identifying with respect to the drilling logs, all wells within one (1) mile of the proposed facility boundaries that are on file with the department of natural resources.(17) A survey must be conducted for any residences or occupied buildings within one-fourth (1/4) of a mile of the proposed facility boundaries that do not have a well log. The survey is to determine whether wells that do not have well logs on file with the department of natural resources are present and obtain any information regarding these wells. A summary of the results of the survey and any information gained must be included with the application.(18) The name and address of all owners or last taxpayers of record of property: (A) located within one (1) mile of the proposed solid waste boundaries of a solid waste land disposal facility; and(B) of adjoining land that is within one-half (1/2) of a mile of the solid waste boundary.(19) A signed affidavit to the department agreeing to notify adjoining landowners as required in 329 IAC 10-12-1(b)(1).(20) The following information relative to wetlands under 329 IAC 10-16-3 and other waters defined under IC 13-11-2-265: (A) A copy of the U.S. Army Corps of Engineers Section 404 of the Clean Water Act permit and a copy of the Indiana department of environmental management Section 401 water quality certification or documentation acceptable to the department that a Section 404 permit and Section 401 water quality certification are not required.(B) Any other mitigation plans required by any other government agency including permit conditions or restrictions placed on the siting of the solid waste land disposal facility in relationship to any other waters defined under IC 13-11-2-265.(b) Restricted waste site Type III and construction/demolition landfills are exempt from submitting the information required in subsection (a)(9). *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, Indiana 46204.
Solid Waste Management Board; 329 IAC 10-11-2.5; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3789; filed Feb 9, 2004, 4:51 p.m.: 27 IR 1802, eff Apr 1, 2004Errata Filed 2/19/2018, 10:06 a.m: 20180228-IR-329180109ACAFiled 4/24/2020, 4:48 p.m.: 20200506-IR-329190411FRA, eff 4/24/2020, see Executive Order 20-15, posted at 20200422-IR-GOV200234EOA