§ 13-22-2-3 — Criteria for determining; listing

Indiana § 13-22-2-3

• Jurisdiction: Indiana
• Art. 22: HAZARDOUS WASTE MANAGEMENT
• Ch. 2: Regulation Generally; Adoption of Specific Rules

Text

(a) The board shall adopt rules under IC 4-22-2
and IC 13-14-8 to develop criteria for determining hazardous waste. In
developing those criteria, the board shall determine whether any waste
to be or being disposed of meets any of the following conditions:
(1) Presents immediate or persistent hazards to humans or
wildlife.
(2) Is resistant to natural degradation or detoxification.
(3) Is bioconcentrative, flammable, reactive, toxic, corrosive, or
infectious in addition to any other harmful characteristics.
(b) The board shall do the following:
(1) Compile and maintain a listing of wastes that have been
determined to be hazardous:
(A) under the criteria described in subsection (a); or
(B) by regulation of the United States Environmental Protection
Agency.
(2) Issue the listing by adopting rules under IC 4-22-2.
(c) The board shall consider actions taken by adjoining states and
the federal government for purposes of uniform criteria relating to the
listing and delisting of waste under this section.
(d) The commissioner may exclude a waste produced at a particular
generating facility from the listing under subsection (b) if the person
seeking exclusion of the waste demonstrates to the satisfaction of the
commissioner that the waste does not meet any of the criteria under
which the waste was listed as a hazardous waste and:
(1) the person seeking exclusion has already obtained exclusion
of the waste from the listing maintained under 40 CFR 261 by the
United States Environmental Protection Agency; or
(2) if the department has received authority from the United
States Environmental Protection Agency to delist waste under 40
CFR 260.20 and 260.22, the person petitions the commissioner to
consider the removal of a waste from the listing, and the
commissioner follows the authorized procedure for delisting.
(e) The department shall establish a procedure by which a person
may petition the commissioner to consider the removal of a specific
waste from the lists maintained under subsection (b).
[Pre-1996 Recodification Citation: 13-7-8.5-3.]

Legislative History

As added by P.L.1-1996, SEC.12. Amended by P.L.45-1997, SEC.17; P.L.128-1997, SEC.5; P.L.93-2024, SEC.118.