CHAPTER 1. DEMONSTRATION OF NEED FOR SOLID WASTE MANAGEMENT FACILITIES - Indiana Statutes

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, 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 solid waste management board shall adopt rules under IC 4-22-2 to implement this chapter.
As added by P.L.1-1996, SEC.10.