Section 329 IAC 11.7-4-1 - RegistrationAuthority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 4-21.5-3; IC 13-15-7; IC 13-30-2; IC 36-9-30
Sec. 1.
(a) The owners or operators of all facilities described under 329 IAC 11.7-1 are required to register, unless excluded under 329 IAC 11.7-3-1. A registration is for a fixed term not to exceed five (5) years. A registration may be renewed in accordance with this section. (b) The registration form must be: (1) filled out completely; and (2) submitted to the commissioner in triplicate on a form or in a format provided by the commissioner. (c) The commissioner may require the registration to be submitted electronically with an electronic signature. However, a registration may always be submitted electronically via electronic media. (d) The registration must be modified whenever the:(1) process at the facility changes; (2) amounts of alternative fuel specified in subsection (f)(5) change; or (3) location of the facility changes. (e) The registration may be renewed by submitting a renewal form at least sixty (60) days before the expiration date of the registration. (f) The registration submission must include the following information:(1) The name of the owner, operator, and landowner, if different from the registered facility owner. (2) Addresses and telephone numbers for the owner, operator, and landowner. (3) The location and address of the facility. (4) The type of facility. (5) The type and maximum amounts, in tons, of alternative fuel that are delivered daily and the maximum amounts of each to be stored on-site and the probable duration of storage in days. (6) Incoming waste testing and screening procedures to ensure that the registered facility is processing solid waste streams that are acceptable for use as an alternative fuel at this registered facility. (7) A plot plan that has a scale, including a bar scale, elevations that correlate with U.S. Geological Survey mean sea level data, north arrow, a map legend, facility boundary, roads, drainage ways, and identification on the plot plan of where the alternative fuel will be stored or processed in: (A) a building, including floor plan; (E) other proposed storage locations subject to approval by the commissioner. (8) The construction material for all areas where alternative fuel will be:(9) A detailed description of the: (E) final disposition; of the alternative fuel or solid waste generated.
(10) The maximum total amount, in tons, of alternative fuel and nonalternative fuel feed capable of being processed per hour. (11) Other permits from the department for the facility. (12) The date the facility became operational or will be operational. (13) A contingency action plan that specifies the following: (A) An outline of the method or methods of waste disposal to be implemented if the registered facility is unable to operate or process and there is no more remaining storage capacity for the alternative fuel that has been approved in the registration. (B) The maximum amount of alternative fuel as specified in subdivision (5) at the facility at any one (1) time. (C) Emergency response plan for controlling: (D) If required, a spill prevention control plan under Section 311(j)(1)(C) of the Clean Water Act. (E) Areas where alternative fuels are contained or stored. (F) A plot plan of the registered facility. The plot plan must include the information required in subdivision (7). (G) A United States Geological Service (USGS) map that identifies the facility location and any access roads. (H) Telephone numbers for the fire department responsible for responding to a fire or emergency at the registered facility. (14) A description of any residue, leachate, or wastewater resulting from the processing or storing of alternative fuel. Applicable surface water controls under 327 IAC 15-6 must be specified. (15) Alternative fuel handling and waste housekeeping procedures for the:(g) The owner or operator must sign and submit the following certification with the registration submission: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including a fine or imprisonment for a knowing violation. I further certify that I am authorized to submit this information.". (h) The commissioner or a designee may deny, revoke, limit the length of, or place additional conditions on a registration if the commissioner determines one (1) or more of the following: (1) The commissioner, under IC 13-15-7, has revoked the applicant's previous registration under this article. (2) The registration submission is incomplete. (3) There is a violation of a requirement of this article or a condition of the registration. (4) There is a failure to disclose all relevant facts in obtaining a registration under this article. (5) There is a misrepresentation made in obtaining a registration under this article. (6) The applicant fails to meet the requirements for a registration. (7) The owner or operator fails to correct a condition as agreed to in an agreed order with the department or commissioner's order, or within the time established in the agreed order or commissioner's order, come into compliance with:(i) The issuance of a registration does not:(1) convey any property right of any sort or any exclusive privileges; (2) authorize any injury to persons or private property or invasion of other private rights or any infringement of federal, state, or local laws or regulations; or (3) preempt any duty to comply with other federal, state, or local requirements. (j) A registration is not transferable. A new owner or operator:(1) must submit a registration form to the commissioner thirty (30) days in advance of taking ownership of the facility; and (2) may operate the facility in the interim. Solid Waste Management Division; 329 IAC 11.7-4-1; filed Jan 30, 2013, 12:35 p.m.: 20130227-IR-329090194FRA