2016 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 20. SOLID WASTE MANAGEMENT
CHAPTER 1. DEMONSTRATION OF NEED FOR SOLID WASTE MANAGEMENT FACILITIES
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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,
Indiana Code 2016
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
Rules
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.
Indiana Code 2016
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