IC 13-22-11.5
Chapter 11.5. Secondary Material Exemption
IC 13-22-11.5-1
Construction of chapter
Sec. 1. This chapter may not be construed:
(1) as allowing a person to exercise less than reasonable
precautions in the handling of hazardous secondary materials;
or
(2) to be less stringent than federal law.
As added by P.L.45-1997, SEC.21.
IC 13-22-11.5-2
Secondary material not a solid waste
Sec. 2. A secondary material that is not a solid waste as defined
under 40 CFR 261.2(e) or is legitimately utilized in an industrial or
manufacturing process, except reclamation, with no significant
increase in the threat it poses to health or the environment, is not a
solid waste.
As added by P.L.45-1997, SEC.21. Amended by P.L.128-1997,
SEC.8.
IC 13-22-11.5-3
Residue of utilization of secondary material not exempt; status
determination
Sec. 3. A residue of the utilization of a secondary material that
does not itself qualify as an exempt secondary material is subject to
a new determination as to its status as a hazardous waste, and, if
listed under IC 13-22-2-3(b), does not retain the listing of the
secondary material from which it may have been derived.
As added by P.L.45-1997, SEC.21.
IC 13-22-11.5-4
Written recognition of secondary material
Sec. 4. A person may request the commissioner to acknowledge
in writing the recognition of a secondary material exemption under
this chapter. The commissioner shall respond to the request not later
than ninety (90) days after the request is received.
As added by P.L.45-1997, SEC.21.
IC 13-22-11.5-5
Effect of exemption on other exemptions from regulations
Sec. 5. The exemption from regulation provided in this chapter is
in addition to any other exemption from regulation as a solid waste
provided in rules adopted by the board.
As added by P.L.45-1997, SEC.21. Amended by P.L.2-1998, SEC.53.