2012 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 20. SOLID WASTE MANAGEMENT
CHAPTER 1. DEMONSTRATION OF NEED FOR SOLID WASTE MANAGEMENT FACILITIES

IC 13-20
ARTICLE 20. SOLID WASTE MANAGEMENT

IC 13-20-1
Chapter 1. Demonstration of Need for Solid Waste Management Facilities

IC 13-20-1-1
Exempt entities
Sec. 1. This chapter does not apply to an individual, a corporation, a partnership, a limited liability company, or a business association that in its regular business activity:
(1) produces solid waste as a byproduct of or incidental to its regular business activity; and
(2) disposes of the solid waste at a site that is:
(A) owned by the individual, corporation, partnership, limited liability company, or business association; and
(B) limited to use by that individual, corporation, partnership, limited liability company, or business association for the disposal of solid waste produced by:
(i) that individual, corporation, partnership, limited liability company, or business association; or
(ii) a subsidiary of an entity referred to in item (i).
As added by P.L.1-1996, SEC.10. Amended by P.L.138-2000, SEC.6; P.L.1-2001, SEC.19; P.L.218-2001, SEC.7; P.L.154-2005, SEC.10.

IC 13-20-1-2
Need for local or regional facility
Sec. 2. A person that applies for a permit for a solid waste disposal facility or a solid waste processing facility, except for a transfer station, must demonstrate that there is a local or regional need in Indiana for the facility.
As added by P.L.1-1996, SEC.10. Amended by P.L.154-2005, SEC.11.

IC 13-20-1-3
Demonstration statement
Sec. 3. A person that applies for a permit referred to in section 2 of this chapter must submit the following information to the department along with the permit application:
(1) A description of the area that would be served by the solid waste disposal or processing facility.
(2) A description of existing solid waste management facilities in the area that would be served by the solid waste disposal facility.
(3) A description of the need that would be fulfilled by constructing the solid waste disposal facility.
As added by P.L.1-1996, SEC.10. Amended by P.L.154-2005, SEC.12.
IC 13-20-1-4
Denial of permit
Sec. 4. If the department determines that there is not a local or regional need in Indiana for the solid waste disposal facility, the person referred to in section 2 of this chapter may not receive a permit described under IC 13-15-1-3 of this chapter. If a permit is denied under this section, the department must provide the person referred to in section 2 of this chapter with a statement describing the reasons the department denied the permit.
As added by P.L.1-1996, SEC.10. Amended by P.L.154-2005, SEC.13.

IC 13-20-1-5 Version a
Rules
Note: This version of section effective until 1-1-2013. See also following version of this section, effective 1-1-2013.
Sec. 5. The solid waste management board shall adopt rules under IC 4-22-2 to implement this chapter.
As added by P.L.1-1996, SEC.10.

IC 13-20-1-5 Version b
Rules
Note: This version of section effective 1-1-2013. See also preceding version of this section, effective until 1-1-2013.
Sec. 5. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter.
As added by P.L.1-1996, SEC.10. Amended by P.L.133-2012, SEC.135.