Section 329 IAC 11.5-4-1 - 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 11.5-1-2 are required to register, unless excluded under 329 IAC 11.5-3-1. A registration is for a fixed term not to exceed five (5) years. A registration may be renewed for five (5) years 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. At any time, one (1) copy of a registration may be submitted electronically via electronic media.
(c) The commissioner may require the registration to be submitted electronically with an electronic signature. (d) The form for renewal of the registration must be submitted to the commissioner at least sixty (60) days before the expiration date of the registration. The renewal must include an update for the cost of the surety bond to meet the financial assurance requirements in 329 IAC 11.5-8[ 329 IAC 11.5-8 ]. If the maximum on-site tonnage estimate has not changed from the previous registration, the update for the cost of the surety bond will be calculated by multiplying the final figure of the most recent surety bond amount in the original registration, a modification, or most current renewal by an inflation factor of ten percent (10%). The recalculated amount will be the surety bond amount required for financial assurance in a renewal. (e) The registration must be modified and submitted to the commissioner for approval prior to any of the following: (1) A change in the following: (A) The process at the biomass anaerobic digestion facilities and biomass gasification facility. (B) The location of the biomass anaerobic digestion facilities and biomass gasification facilities. (C) The amounts of biomass or appropriate feedstock specified in subsection (g)(5). (2) An expansion to the biomass anaerobic digestion facilities or biomass gasification facilities. (f) The owner or operator of a facility that would like to accept a biomass or appropriate feedstock that is not currently listed on the facility's approved registration or any acknowledgment letter issued by the commissioner must submit documentation for the new biomass and appropriate feedstock, and approvals are as follows: (1) Biomass with the same storage and handling is considered approved within fifteen (15) days unless a denial is issued by the commissioner. (2) Appropriate feedstock with the same storage and handling is considered approved within thirty (30) days unless a denial is issued by the commissioner. (3) Biomass or appropriate feedstock that has different storage or handling requirements can only be taken by the facility after the receipt by the facility of a commissioner approval. (g) The registration 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) At a minimum the following information:(A) The physical or chemical characteristics of the biomass or appropriate feedstock. (B) The source of the biomass or appropriate feedstock. (C) A description of the process that created the biomass and appropriate feedstock. (D) Maximum amounts, in tons, of biomass or appropriate feedstock that are delivered daily, weekly, or monthly basis. (E) The maximum amounts of biomass, appropriate feedstock, and residues to be stored on-site and the probable duration of storage in days. (F) Identification of any reusable byproducts. (G) Other information requested by the commissioner. (6) Screening procedures to ensure that the registered facility is only receiving biomass and appropriate feedstock that are acceptable and approved for use 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 biomass, appropriate feedstock, and residues will be stored or processed in: (F) other proposed storage locations subject to approval by the commissioner. (8) The construction plans and construction material for all areas where biomass, appropriate feedstock, and residues will be:(9) A detailed description of the: (E) final disposition; of the biomass, appropriate feedstock, reusable byproducts, or residue. (10) The maximum total amount, in tons, of biomass or appropriate feedstock capable of being processed per day. (11) Other approvals or permits from the commissioner 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 biomass and appropriate feedstock management or disposal to be implemented if the registered facility is unable to operate or process and there is no more remaining storage capacity for the biomass and appropriate feedstock that has been approved in the registration. (B) The maximum amounts of biomass, appropriate feedstock, and residues as specified in subdivision (5)(E) at the facility site 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, as amended by the Oil Pollution Act of 1990. (E) A floor plan of the facility and areas where biomass and appropriate feedstock are 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 facility. (14) A description of any residue, leachate, or wastewater resulting from the processing or storing of biomass or appropriate feedstock. Applicable surface water controls under 327 IAC 15-6 must be specified. (15) Material handling and housekeeping procedures for the following areas: (B) Biomass and appropriate feedstock processing. (16) The financial assurance documentation required under 329 IAC 11.5-8-1, if applicable. (h) The owner or operator must sign and submit the following certification with the registration: "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.". (i) 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 form 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 permittee fails to meet the requirements for a registration. (7) The permittee 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:(j) 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. (k) 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 11.5-4-1; filed Mar 14, 2013, 2:57 p.m.: 20130410-IR-329090193FRAErrata Filed 2/19/2018, 10:06 a.m: 20180228-IR-329180109ACA