Indiana § 13-22-11-4 - Contents of report; confidentiality for trade secrets

§ 13-22-11-4. Contents of report; confidentiality for trade secrets

Sec. 4. (a) The following information may be included with the report under section 3 of this chapter for the period covered by the report:

(1) A description of the industrial operation that generated the hazardous waste, including information on the following:

(A) The steps taken in the operation.

(B) The machinery and materials used in the operation.

(C) The inputs and outputs of the operation.

(2) Proposals that would implement waste reduction in the type of industrial operation that generated the hazardous waste.

(3) A statement that the information is accurate to the best of the generator's knowledge.

(4) Any other information the generator desires to provide to the department to obtain voluntary technical assistance from the department.

(b) A person who:

(1) submits information to the department under subsection (a); and

(2) believes that the information or a part of the information is a trade secret or otherwise warrants confidential treatment;

may submit the information under a claim of confidentiality in accordance with IC 13-14-11 and IC 5-14-3-4.

(c) A person who submits information under subsection (a) that is determined to be confidential may not unreasonably withhold permission from the department to disclose to the public general or generic information on waste reduction techniques derived from the submitted information if the disclosure will not divulge:

(1) the trade secret; or

(2) other specific, substantive basis of confidentiality.

[Pre-1996 Recodification Citation: 13-7-27-7.]

As added by P.L.1-1996, SEC.12. Amended by P.L.122-1996, SEC.5.

IC 13-22-11.5Chapter 11.5. Secondary Material Exemption

13-22-11.5-1Construction of chapter 13-22-11.5-2Secondary material not a solid waste 13-22-11.5-3Residue of utilization of secondary material not exempt; status determination 13-22-11.5-4Written recognition of secondary material 13-22-11.5-5Effect of exemption on other exemptions from regulations

IC 13-22-11.5-1Construction 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 13-22-11.5-2Secondary 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 13-22-11.5-3Residue 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 13-22-11.5-4Written 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 13-22-11.5-5Effect 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.

IC 13-22-12Chapter 12. Hazardous Waste Fees

13-22-12-1Establishment 13-22-12-2Fee schedule; application fees 13-22-12-3Fee schedule; annual operation fees 13-22-12-3.5Fees for disposal of hazardous waste 13-22-12-3.6Hazardous waste disposal fee revenue; deposit in hazardous substances response trust fund; county fund 13-22-12-4Repealed 13-22-12-5Remittance of fee required; denial of permit 13-22-12-6Accrual of annual operation fees 13-22-12-7Remittance of fees or installments 13-22-12-8Delinquency charge; revocation of permit 13-22-12-9Annual operation fees; applicability 13-22-12-10Annual operation fees; requirement under certain circumstances 13-22-12-11Groundwater compliance sampling fees 13-22-12-12Payment of all fees by person or facility in multiple fee categories 13-22-12-13Payment and deposit of fees and delinquency charges 13-22-12-14Repealed