329 Ind. Admin. Code 10-2.5-1 : SOLID WASTE MANAGEMENT DIVISION — SOLID WASTE LAND DISPOSAL FACILITIES —2.5 - Definitions for Nonmunicipal Solid Waste Landfills, Construction/Demolition Sites, and Restricted Waste Sites Types I, II, III, and IV —2.5-1 - Definitions

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

Affected: IC 13-11-2; IC 13-13-1-1; IC 13-17-5-8; IC 13-18-1; IC 13-18-20; IC 13-20-21; IC 16-18-2-371; IC 25-31; IC 36-9-30

Sec. 1.

(a) In addition to the definitions in IC 13-17-5-8, the definitions in this section apply to nonmunicipal solid waste landfills, construction/demolition sites, and restricted waste sites Types I, II, III, and IV as follows:
(1) In 329 IAC 10-1.
(2) In 329 IAC 10-3, except in 329 IAC 10-3-3.
(3) In 329 IAC 10-5 and 329 IAC 10-6.
(4) In 329 IAC 10-9, except in 329 IAC 10-9-2 and 329 IAC 10-9-4.
(5) In 329 IAC 10-24 through 329 IAC 10-38.
(6) In 329 IAC 10-39, except in 329 IAC 10-39-10 and 329 IAC 10-39-11.
(b) The following definitions apply as described in subsection (a):
(1) "Access road" means a road that leads to the entrance of a solid waste disposal facility, normally a county, state, or federal highway.
(2) "Airport" means a public use airport open to the public without prior permission and without restrictions within the physical capacities of available facilities and military airports.
(3) "Aquifer" means a geologic formation, group of formations, or part of a formation, that is capable of yielding a significant amount of ground water.
(4) "Base flood" means a flood that has a one percent (1%) or greater chance of recurring in any year or a flood of a magnitude equaled or exceeded once in one hundred (100) years on the average over a significantly long period. In any given one hundred (100) year interval, such a flood may not occur or more than one (1) such flood may occur.
(5) "Bedrock" means cemented or consolidated earth materials exposed on the earth's surface or underlying unconsolidated earth materials.
(6) "Board" means the solid waste management board as defined in IC 13-11-2-17(e).
(7) "Cell" means a volume of solid waste completely enclosed by cover.
(8) "Certified professional geologist" means a professional geologist certified by the state of Indiana pursuant to IC 25-17.6 [IC 25-17.6-1-4 was repealed by P.L. 17-1999, SECTION 35, effective July 1, 1999.].
(9) "Collection container system" means a group of containers for solid waste collection from noncommercial, nonindustrial, and noninstitutional sources and made available for use by the general public, such as county wide collection box systems.
(10) "Commissioner" refers to the commissioner of the department created under IC 13-13-1-1 (the department of environmental management).
(11) "Construction/demolition site" means a solid waste land disposal facility designed and operated to accommodate large volumes of solid waste having minimal potential for ground water contamination.
(12) "Contaminant" means any of the following:
(A) Pollutant as defined in the federal Water Pollution Control Act ( 33 U.S.C. 1362, as amended November 18, 1988).
(B) Radioactive material as regulated by the Atomic Energy Act of 1954 ( 42 U.S.C. 2014, as amended October 24, 1992).
(C) Solid or hazardous waste as determined by the Resource Conservation and Recovery Act ( 42 U.S.C. 6901 et seq., as effective January 1, 1989).
(D) Hazardous substance as defined by the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 et seq., as amended November 23, 1988).
(E) Any toxic substance as determined by the Toxic Substances Control Act ( 15 U.S.C. 2603 et seq., as amended October 22, 1986).
(F) Any commingled waste containing waste as defined in clauses (A) through (E), from whatever source that:
(i) is injurious to human health, plant or animal life, or property;
(ii) interferes unreasonably with the enjoyment of life or property; or
(iii) is otherwise violative of this article.
(13) "Cover" means any soil or other suitable material approved by the commissioner placed over the solid waste in accordance and applicable with 329 IAC 10-28-11, 329 IAC 10-28-12, 329 IAC 10-28-13, 329 IAC 10-30-2, 329 IAC 10-30-3, 329 IAC 10-36-11, 329 IAC 10-36-12, 329 IAC 10-36-13, 329 IAC 10-37-2, and 329 IAC 10-37-3.
(14) "Current closure cost estimate" means the original closure cost estimate or the most recent revision thereof made in accordance and applicable with 329 IAC 10-30-4(b) and 329 IAC 10-37-4(b).
(15) "Current post-closure cost estimate" means the original post-closure cost estimate or the most recent revisions thereof made in accordance and applicable with 329 IAC 10-31-3(b)(4) and 329 IAC 10-38-3(b)(3).
(16) "Daily cover" means that cover applied to the working face of the solid waste land disposal facility on a daily basis.
(17) "Department" refers to the department of environmental management created under IC 13-13.
(18) "Disposal" means the discharge, deposit, injection, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that the solid waste or hazardous waste or any constituent of the waste may enter the environment or be emitted into the air or discharged into any waters, including ground waters.
(19) "Dwelling" means any building that people inhabit on a regular or seasonal basis. The term shall include schools, hospitals, residences, factories, and offices.
(20) "Equivalent hydraulic conductivity" means the hydraulic conductivity averaged in such a manner as to represent the overall ability of a material to transmit flow.
(21) "Final closure" or "closure" means those activities to be completed at the end of waste acceptance at a facility, including certification required by 329 IAC 10-30-7 and 329 IAC 10-37-7, as applicable, but not including those activities required after said certification.
(22) "Final cover" means any cover of a type, thickness, elevation, and slope approved by the commissioner for the termination of filling in an area.
(23) "Flood plain" means the areas adjoining a river, stream, or lake that are inundated by the base flood as determined by the Indiana department of natural resources.
(24) "Floodway" means the channel of a river or stream and those portions of the flood plain adjoining the channel that are reasonably required to efficiently carry and discharge the peak flow from the base flood as determined by the Indiana department of natural resources.
(25) "Garbage" means all putrescible animal solid, vegetable solid, and semisolid wastes resulting from the processing, handling, preparation, cooking, serving, or consumption of food or food materials.
(26) "Generator" or "generating facility" means any person or site, at, on, or by which one (1) or more solid wastes are generated, such as a manufacturing plant that may generate more than one (1) source of solid waste at the plant location. The term does not include a hazardous waste generator as regulated by 329 IAC 3.1.
(27) "Grading" means the contouring of land so that surface water flow and erosion are controlled according to a predetermined plan.
(28) "Ground water" means water below the land surface in the zone of saturation.
(29) "Hazardous waste" means a solid waste or combination of solid wastes that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may:
(A) cause or significantly contribute to an increase in mortality or increase in serious irreversible or incapacitating reversible illness; or
(B) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(30) "Hydraulic gradient" means the head loss per unit length where the head loss is expressed in terms of the unit length so as to produce a dimensionless value.
(31) "Incinerator" means an engineered apparatus designed for the burning of solid waste under the effect of controls of temperature, retention time, air, and other combustion factors.
(32) "Industrial process waste" means solid waste generated by manufacturing or industrial processes that is not a hazardous waste defined by 329 IAC 10-2-88 and regulated under 329 IAC 3.1. Such waste may include, but is not limited to, waste resulting from any of the following manufacturing processes:
(A) Electric power generation.
(B) Fertilizer or agricultural chemicals production.
(C) Food and related products or byproducts production.
(D) Inorganic chemicals production.
(E) Iron and steel manufacture or foundries.
(F) Leather and leather products production.
(G) Nonferrous metals manufacture or foundries.
(H) Organic chemicals production.
(I) Plastics and resins manufacture.
(J) Pulp and paper industry.
(K) Rubber and miscellaneous plastic products production.
(L) Stone, glass, clay, and concrete products.
(M) Textile manufacture.
(N) Transportation equipment.
(O) Oil and gas process and refinery wastes and disposed products.
(P) Painting, printing, and allied industries.
(Q) Contaminated, off-specification, or outdated wholesale products.
(R) Waste recycling and processing activities, excluding operations in which processing consists solely of segregating components of municipal solid waste and no chemical or physical alteration of the waste is performed. The term does not include mining operations waste or oil and gas recovery waste.
(33) "Infectious waste" means waste that epidemiologic evidence indicates is capable of transmitting a dangerous communicable disease (as defined by rule adopted under IC 16-41-2-1 ). Infectious waste includes the following:
(A) Pathological wastes, including tissue, organs, body parts, and blood or body fluids in liquid or semiliquid form that are removed during surgery, biopsy, or autopsy.
(B) Biological cultures and associated biologicals.
(C) Contaminated sharps.
(D) Infectious agent stock and associated biologicals.
(E) Blood and blood products in liquid or semiliquid form.
(F) Laboratory animal carcasses, body parts, and bedding.
(G) Wastes (as defined under IC 16-18-2-371 ).
(34) "Infectious waste incinerator" means a solid waste incinerator that is used to burn infectious waste or mixture of infectious and noninfectious solid waste.
(35) "Karst topography" means a topography formed on a carbonate rock formation and dominated by features of solutional origin.
(36) "Leachate" means liquid that has passed through or emerged from solid waste and contains soluble, suspended, immiscible, or miscible materials removed from such wastes.
(37) "Legal description" means a legal description of the real property, to include the county, township, range, and section numbers and, if applicable, the metes and bounds description, together with the acreage thereof.
(38) "Lift" means a layer of cells covering a designated area of a solid waste land disposal facility.
(39) "Locally useful aquifer" means an aquifer which, based on productivity, quality, depth, and alternate sources available, is a source or a probable source of water for any user or potential user within one (1) mile of a particular location.
(40) "Major modification" means any change in a permitted solid waste land disposal facility which would increase the facility's permitted capacity to process or dispose of solid waste.
(41) "Normal water line" means the average normal water level, where established through the Indiana department of natural resources, or the average boundary of the water as evidenced by either water level records or changes in the character of vegetation and soil due to the presence of the water.
(42) "On-site roads" means roads for the passage of vehicles from a facility entrance to the disposal area.
(43) "Open burning" means the combustion of any matter in the open or in an open dump.
(44) "Open dump" means the consolidation of solid waste from one (1) or more sources or the disposal of solid waste at a single disposal site that does not fulfill the requirements of a solid waste land disposal facility or other land disposal method as prescribed by law or regulations and that is established and maintained without cover and without regard to the possibilities of contamination of surface or subsurface water resources.
(45) "Operating personnel" means persons necessary to properly operate a solid waste land disposal or processing facility.
(46) "Partial closure" means those activities required at the end of waste acceptance for a solid waste land disposal facility or area of a solid waste land disposal facility to include the placement of final cover and the establishment of vegetation in accordance with approved closure plans but exclusive of monitoring and maintenance activities required under post-closure care.
(47) "Permittee" means any person to whom a solid waste facility permit has been issued.
(48) "Person" means:
(A) an individual;
(B) a partnership;
(C) a copartnership;
(D) a firm;
(E) a company;
(F) a corporation;
(G) an association;
(H) a joint stock company;
(I) a trust;
(J) an estate;
(K) a municipal corporation;
(L) a city;
(M) a school city;
(N) a town;
(O) a school town;
(P) a school district;
(Q) a school corporation;
(R) a county;
(S) any consolidated unit of government;
(T) a political subdivision;
(U) a state agency; or
(V) any other legal entity.
(49) "Pollution control waste" includes liquid, solid, semisolid, or gaseous waste generated as a direct or indirect result from the removal of contaminants from air, water, or land and may include, but is not limited to, wastes such as:
(A) water and wastewater treatment sludges;
(B) baghouse dust;
(C) scrubber sludges;
(D) chemical spill clean-up wastes; or
(E) remedial activity clean-up wastes.
(50) "Post-closure" means the monitoring and maintenance activities required after final closure of a solid waste land disposal facility.
(51) "Post-closure cost estimate" means the original written estimate, in current dollars, or the total cost of post-closure monitoring and maintenance of the solid waste land disposal facility during the entire post-closure care period in accordance with the post-closure plan.
(52) "Processing" means the method, system, or other handling of solid waste so as to change its chemical, biological, or physical form or to render it more amenable for disposal or recovery of materials or energy, or the transfer of solid waste materials but excluding the transportation of solid waste.
(53) "Recovery" means obtaining materials or energy for commercial or industrial use from solid waste or hazardous waste.
(54) "Registered professional engineer" means a professional engineer registered by the state of Indiana pursuant to IC 25-31.
(55) "Residue" means any solid waste remaining after incineration or processing that is not completely combusted or recovered, including any of the following:
(A) Ash.
(B) Ceramics.
(C) Glass.
(D) Metal.
(E) Other inorganic substances or organic substances.
(56) "Resource recovery" means the processing of solid waste into commercially valuable materials or energy.
(57) "Restricted waste site" means a solid waste land disposal facility designed and operated to accommodate specific types of waste as specified in 329 IAC 10-9-4.
(58) "Salvaging" means the controlled and organized removal of materials from solid waste for utilization.
(59) "Sanitary landfill" means a solid waste land disposal facility designed to accommodate general types of solid waste, excluding waste regulated by 329 IAC 3.1, and operated by spreading the waste in thin layers, compacting it to the smallest practical volume, and covering it with cover material at the end of each working day.
(60) "Scavenging" means the uncontrolled and unauthorized removal of materials from solid waste.
(61) "Site" means the land area on which a permitted solid waste land disposal facility is situated.
(62) "Sludge" means any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.
(63) "Soil borings" means the drilling of holes in the earth for the purpose of identifying soil types, subsurface materials, and water table level.
(64) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, sludge from a water supply treatment plant, sludge from an air pollution control facility, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations or from community activities. However, the term does not include:
(A) solid or dissolved material in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges which are point source subject to permits under Section 402 of the federal Water Pollution Control Act Amendments ( 33 U.S.C. 1342 );
(B) source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq.); or
(C) manures or crop residues returned to the soil at the point of generation as fertilizers or soil conditioners as part of a total farm operation under IC 13-11-2-205(a).
(65) "Solid waste boundary" means the outermost perimeter of the solid waste fill area, as it would exist at the time of closure, as projected in the facility's closure plan.
(66) "Solid waste facility" or "facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for processing, storing in conjunction with processing or disposal, or disposing of solid waste and may consist of several processing, storage, or disposal operational units, for example, one (1) or more landfills, surface impoundments, or combinations thereof.
(67) "Solid waste land disposal facility" means a permitted facility that accepts solid waste for deposit and covering in or on the ground surface. Permitted solid waste land disposal facilities must be classified into one (1) of the following types:
(A) Municipal solid waste landfills.
(B) Construction/demolition sites.
(C) Restricted waste sites.
(D) Nonmunicipal solid waste landfill.

The term does not include solid waste processing or land application facilities or activities.

(68) "Solid waste management" means the systematic administration of activities that provide for the collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of solid waste under IC 13-11-2-209.
(69) "Solid waste processing facility" means a solid waste facility upon which is located a solid waste incinerator, transfer station, solid waste baler, solid waste shredder, resource recovery system, composting facility, or garbage grinding facility.
(70) "Surface impoundment" means a facility or part of a facility that is a natural topographic depression, manmade excavation, or diked area formed primarily of earthen materials (although it may be lined with manmade materials), that holds or is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments include the following:
(A) Holding, storage, settling, or aeration pits.
(B) Holding, storage, settling, or aeration ponds.
(C) Holding, storage, settling, or aeration lagoons.
(71) "Surface water" means water present on the surface of the earth, including:
(A) streams;
(B) lakes;
(C) ponds;
(D) rivers;
(E) swamps;
(F) marshes; or
(G) rainwater present on the earth.
(72) "Transfer station" means a facility at which solid waste is transferred from a vehicle or container to another vehicle or container for transportation or from one (1) mode of transportation to another mode of transportation, including, but not limited to, the transfer of a trailer, container, or waste from rail to road transportation. The term does not include the following:
(A) Collection container for solid waste.
(B) The transfer of solid waste at the point of generation.
(C) A recycling facility that receives distinct and recognizable solid waste items that do not require substantial further processing and are delivered back to manufacturing companies and reused. Based on a calendar quarter, a recycling facility shall have not more than ten percent (10%), by volume, of the solid waste which passes through the facility ultimately taken for final disposal.
(D) Curbside satellite collection vehicles used for collecting residential waste, which are small motorized vehicles or equivalent, with bins or containers that once full are deposited into larger solid waste collection vehicles or containers.
(73) "Twenty-five (25) year, twenty-four (24) hour precipitation event" means the maximum twenty-four (24) hour precipitation event with the probable recurrence interval of once in twenty-five (25) years as defined by the Indiana department of natural resources.
(74) "Vector" means any animal capable of harboring and transmitting micro-organisms from one (1) animal to another or to a human.
(75) "Wash-out" means the carrying away of solid waste by water of the base flood.
(76) "Water course" means the path taken by flowing surface water.
(77) "Water pollution" means:
(A) actual or threatened alteration of the physical, thermal, chemical, biological, bacteriological, or radioactive properties of any waters; or
(B) the discharge or threatened discharge of any contaminant into any water that does or can create a nuisance or render the waters harmful, detrimental, or injurious to:
(i) public health, safety, or welfare;
(ii) domestic, commercial, industrial, agricultural, recreational, or other legitimate uses; or
(iii) livestock, wild animals, birds, fish, or aquatic life.
(78) "Water table" means the upper surface at which the fluid pressure of the ground water is equal to atmospheric pressure.
(79) "Waters" means the accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof, that are wholly or partially within, flow through, or border upon this state. The term does not include any private pond or any off-stream pond, reservoir, or facility built for reduction or control of pollution or cooling of water prior to discharge unless the discharge from the pond, reservoir, or facility causes or threatens to cause water pollution.
(80) "Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and, that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
(81) "Working face" means that portion of a solid waste land disposal facility where the solid waste is deposited.
(82) "Ash residue" means all solid residue and any entrained liquids resulting from the combustion of solid waste, fossil fuel, or solid waste in combination with fossil fuel at a solid waste incinerator, including:
(A) bottom ash;
(B) boiler ash;
(C) fly ash; or
(D) solid residue of any air pollution control device used at a solid waste incinerator.
(83) "Liquid waste" means any waste material that contains free liquids as determined by Method 9095 (Paint Filter Liquids Test), as described in U.S. Environmental Protection Agency Publication SW-846.
(84) "Municipal solid waste landfill" or "MSWLF" means a solid waste land disposal facility that has received or is permitted to receive household waste, and that is not a land application unit, surface impoundment, injection well, or waste pile. An MSWLF is a sanitary landfill for purposes of IC 13-20-21. An MSWLF also may receive commercial solid waste, construction/demolition waste, small quantity generator waste, industrial solid waste, and special waste in accordance with 329 IAC 10-8.1. Such a landfill may be publicly or privately owned.
(85) "Nonmunicipal solid waste landfill" or "non-MSWLF" means a solid waste land disposal facility that has received or is permitted to receive general types of solid waste, excluding municipal solid waste as defined in 329 IAC 10-2-115 and hazardous waste regulated by 329 IAC 3.1, and operated by spreading the waste in thin layers, compacting it to the smallest practical volume, and covering it with cover material at the end of each working day. A nonmunicipal solid waste landfill is a sanitary landfill for purposes of IC 13-20-21.
(86) "Special waste" has the meaning as set forth in 329 IAC 10-2-179.
(87) "U.S. Environmental Protection Agency Publication SW-846" or "SW-846" means "Test Methods for Evaluating Solid Waste, Physical Chemical Methods", U.S. Environmental Protection Agency Publication SW-846, [Third Edition (November 1986), as amended by Updates I (July 1992), II (September 1994), IIA (August 1993), IIB (January 1995) and III (December 1996)].

329 IAC 10-2.5-1

Solid Waste Management Board; 329 IAC 10-2.5-1; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1789; filed Jan 9, 1998, 9:00 a.m.: 21 IR 1706, eff one hundred eighty (180) days after filing with the secretary of state; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3771; errata filed Sep 8, 1999, 11:38 a.m.: 23 IR 27; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535
Errata Filed 2/19/2018, 10:06 a.m: 20180228-IR-329180109ACA