329 Ind. Admin. Code 3.1-13-20

Current through December 12, 2024

Section 329 IAC 3.1-13-20 - Information repository

Authority: IC 13-14-8; IC 13-22-2-4

Affected: IC 13-22-2; 40 CFR 124.33

Sec. 20.

(a) This section applies to all applicants seeking RCRA permits for hazardous waste management units over which the department has permit issuance authority.

(b) The commissioner may assess the need, on a case-by-case basis, for an information repository. When assessing the need for an information repository, the commissioner shall consider a variety of factors, including the following:

(1) The level of public interest.

(2) The type of facility.

(3) The presence of an existing repository.

(4) The proximity to the nearest copy of the administrative record.

If the commissioner determines, at any time after submittal of a permit application, that there is a need for a repository, then the commissioner shall notify the applicant that he or she must establish and maintain an information repository. See 40 CFR 270.30(m) for similar provisions relating to the information repository during the life of a permit.

(c) The information repository shall contain all documents, reports, data, and information deemed necessary by the commissioner to fulfill the purposes for which the repository is established. The commissioner shall have the discretion to limit the contents of the repository.

(d) The information repository shall be located and maintained at a site chosen by the applicant. If the commissioner finds the site unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access, or other relevant considerations, then the commissioner shall specify a more appropriate site.

(e) The commissioner shall specify requirements for informing the public about the information repository. At a minimum, the commissioner shall require the applicant to provide a written notice about the information repository to all individuals on the facility mailing list.

(f) The facility owner or operator shall be responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the commissioner. The commissioner may close the repository at his or her discretion, based on the factors in subsection (b).

329 IAC 3.1-13-20

Solid Waste Management Board; 329 IAC 3.1-13-20; filed Jan 9, 1997, 4:00 p.m.: 20 IR 1115; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535