Indiana § 13-11-2-205 - "Solid waste"

§ 13-11-2-205. "Solid waste"

Sec. 205. (a) "Solid waste", for purposes of IC 13-18-12, IC 13-19, IC 13-21, IC 13-20-22, and environmental management laws, except as provided in subsection (b), and subject to subsection (d), means any garbage, refuse, sludge from a waste treatment plant, sludge from a water supply treatment plant, sludge from an air pollution control facility, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations or from community activities. The term does not include:

(1) solid or dissolved material in:

(A) domestic sewage; or

(B) irrigation return flows or industrial discharges;

that are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act Amendments (33 U.S.C. 1342);

(2) source, special nuclear, or byproduct material (as defined by the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.));

(3) manures or crop residues returned to the soil as fertilizers or soil conditioners as part of a total farm operation;

(4) vegetative matter at composting facilities registered under IC 13-20-10; or

(5) material that is discarded if:

(A) the material is not:

(i) spent lead acid batteries regulated under IC 13-20-16;

(ii) salvaged from mobile homes regulated under 329 IAC 11.6;

(iii) alternative fuels regulated under 329 IAC 11.7;

(iv) used oil regulated under 329 IAC 13;

(v) waste tires regulated under IC 13-20-13 and IC 13-20-14;

(vi) electronic waste regulated under 329 IAC 16;

(vii) legitimate use of iron and steelmaking slags, as described in 329 IAC 11-3-1(11);

(viii) legitimate use of foundry sand, as described in 329 IAC 11-3-1(12);

(ix) engineered wood waste burned as a fuel, as described in 329 IAC 11-3-1(20);

(x) treated in order to be appropriate for land application; or

(xi) biomass or appropriate feedstock regulated under IC 13-20-10.5;

(B) the material is otherwise:

(i) determined under 40 CFR 262.11 to be nonhazardous; or

(ii) exempted or excluded from regulation as a hazardous waste under 40 CFR 261; and

(C) the material is used:

(i) by a manufacturer as an ingredient in or a component of a product; or

(ii) as a commodity in a process that results in a product.

(b) "Solid waste", for purposes of IC 13-20-5, IC 13-20-22, and IC 13-21, and subject to subsection (d), does not include the following:

(1) A waste that is regulated under the following:

(A) IC 13-22-1 through IC 13-22-8.

(B) IC 13-22-13 through IC 13-22-14.

(2) An infectious waste (as defined in IC 16-41-16-4) that is disposed of at an incinerator permitted under rules adopted by the board to dispose of infectious waste.

(c) "Solid waste", for purposes of IC 13-26, and subject to subsection (d), means all putrescible and nonputrescible solid and semisolid wastes, except human excreta. The term includes garbage, rubbish, ashes, street cleanings, dead animals, offal, and solid commercial, industrial, and institutional wastes.

(d) The term "solid waste" does not include post-use polymers and recovered feedstocks that are:

(1) converted at an advanced recycling facility; or

(2) held at an advanced recycling facility before conversion.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-1-12-5; 13-7-1-3 part; 13-7-1-22; 13-9.5-1-26 part; subsection (b) formerly 13-7-22-2.7(a); 13-9.5-1-26 part; subsection (c) formerly 13-3-2-1 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.2-1997, SEC.39; P.L.189-2011, SEC.10; P.L.113-2014, SEC.57; P.L.112-2016, SEC.14; P.L.120-2022, SEC.2; P.L.54-2023, SEC.12; P.L.135-2026, SEC.34.