On February 17, 1998, the Solid Waste Management Board adopted changes and additions to 329 IAC 3.1-8, which became effective June 26, 1998. This rule requires owners or operators of hazardous waste transfer facilities that perform one or more of the following activities to notify the Indiana Department of Environmental Management (IDEM) about the existence of and activities at their facilities:
- Mix, combine, commingle, and/or bulk hazardous waste
- Repackage hazardous waste (except for leaking containers or containers in poor condition)
- Pump hazardous waste from one vehicle to another
- Transfer hazardous waste (including containerized hazardous waste) from one vehicle to another
- Open hazardous waste containers for purposes other than sampling
This one-time notification is required for each transfer facility. Owners or operators of new hazardous waste transfer facilities who intend to conduct any of the activities described above must submit written notification at least 30 days before the activity begins. The rule does not require use of a specific form, but IDEM encourages owners or operators to use the Hazardous Waste Transfer Facilities Notification (State Form 52123, available on the IDEM Agency Forms page) to provide notification. More information about the rule is available on the back of the form.
If any information in the submitted notification changes, the owner or operator must notify IDEM of these changes. Household hazardous waste collection points are exempt from this process.
Owners or operators of all hazardous waste transfer facilities who conduct these activities must maintain and operate the hazardous waste transfer facilities to prevent hazardous waste and hazardous waste constituents from escaping into the soil, directly or indirectly into surface or ground water, into drains or sewers. Whenever a spill or release of hazardous waste occurs, the transporter of hazardous waste shall immediately communicate to IDEM, notify the nearest downstream water user, if applicable, and submit a report on the spill if deemed necessary.