§ 8.24.020. Compliance with state provisions—Exceptions.

A.

Except as specifically delineated in this chapter, any sanitary landfill or solid waste land disposal facility located in Porter County shall be operated in compliance with the technical criteria and regulatory scheme contained in the State of Indiana Solid Waste Management Regulations as set forth in 329 IAC 2.

B.

The following exceptions to 329 IAC 2 shall apply to the operation of sanitary landfills and solid waste land disposal facilities in Porter County:

1.

329 IAC 2-1-3(b) shall be modified to read as follows:

 All records of monitoring activities and results shall be retained by the permittee for fifteen (15) years. The fifteen (15) year period shall be extended automatically during the course of any unresolved litigation between the County of Porter and a permittee; or as required by the permit conditions. The fifteen (15) year period may also be extended by order of the Porter County health officer.

2.

329 IAC 2-4-2 shall be modified to read as follows:

 No person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or ground and surface water pollution or contamination.

3.

329 IAC 2-4-4(a) shall be modified to read as follows:

 The owner of real estate upon which an open dump is located shall be responsible for immediately implementing procedures for correcting and controlling any nuisance condition which may occur as the result of the open dump and shall complete that correction and controlling action pursuant to a schedule submitted to and approved by the Porter County health officer.

4.

329 IAC 2-4-5 shall be modified to read as follows:

 The owner of real estate upon which is located an open dump shall be responsible for immediately eliminating any threat to human health or the environment.

5.

329 IAC 2-5-1(b) shall be modified to read as follows:

 In order to continue such activity beyond September 1, 1989, these industries shall submit information to the Porter County in compliance with Section 2 of this Rule (329 IAC 2-5-2). Compliance with Section 2 shall constitute an interim permit and shall allow the facility to continue operating until such time as the Porter County health officer issues or denies a solid waste facility permit under Section 3 of this Rule (329 IAC 2-5-3) provided that such industries have submitted the information required no later than thirty (30) days prior to September 1, 1989.

6.

329 IAC 2-6-2(b) shall be modified to read as follows:

 All owners or operators (present or past) of a closed facility or the owner of real estate upon which a closed facility is located or any former owner of the real estate providing such ownership interest coincided with the operation of a facility shall be responsible for correcting and controlling any nuisance condition occurring at the facility. Such owners or operators shall be jointly and severally responsible for correcting and controlling such nuisance conditions.

7.

329 IAC 2-6-3 shall be modified to read as follows:

 All owners or operators (present or past) of a closed facility or the owner of real estate upon which a closed facility is located or any former owner of the real estate providing such ownership interest coincided with the operation of a facility shall be responsible for eliminating any threat to human health or the environment. Such owners or operators shall be jointly and severally responsible for correcting and controlling such conditions.

8.

329 IAC 2-9-4(2)(e) shall be modified to read follows:

Other nonapparent deminimus quantities of free liquids as authorized by the Porter County health officer where it has been determined that the disposal of such liquids will not create a threat to human health or the environment.

9.

329 IAC 2-13-2(a) shall be modified to add a new sub (5) as follows:

 (5) Install appropriate devices for the management of methane gas at the facility.

10.

329 IAC 2-15-7(a)(2) shall be modified to read as follows:

 Inspection of the facility at least four (4) times per year with a written report on the condition of the facility to be submitted to the Porter County health officer within thirty (30) days of such inspection.

11.

Any and all references contained in 329 IAC 2 to the "Commissioner" shall be modified to read the "Porter County health officer."

12.

Any and all survey requirements contained in 329 IAC 2 of less than one-half mile shall be amended to read that the area covered shall be one-half mile from the boundary line of the sanitary landfill or solid waste land disposal facility.

(Ord. 89-16 § 2)