Indiana Administrative Code Title 329 - SOLID WASTE MANAGEMENT DIVISION IIndiana Administrative Code Title 329 - SOLID WASTE MANAGEMENT DIVISION I
Indiana Administrative Code – Title 329: Solid Waste Management Division
1. Overview
The Indiana Administrative Code (IAC) Title 329 establishes the rules and regulations governing solid waste management in Indiana. It is implemented by the Indiana Department of Environmental Management (IDEM), Solid Waste Management Division under the authority of the Indiana Solid Waste Management Act (IC 13-21).
The purpose of Title 329 is to:
Protect public health and the environment from improper disposal of solid waste
Regulate solid waste facilities, including landfills, transfer stations, composting, and recycling facilities
Ensure compliance with federal and state environmental standards
2. Scope and Applicability
Title 329 applies to:
Municipal solid waste – Household garbage, commercial waste, and nonhazardous industrial waste
Construction and demolition debris – Rules for disposal and recycling
Special waste – Asbestos, tires, and other regulated non-hazardous wastes
Solid waste facilities – Licensing, permitting, design, operation, closure, and post-closure requirements
It does not regulate hazardous waste, which is under separate regulations (IC 13-22, 329 IAC 3.1).
3. Key Provisions of Title 329
A. Permitting
All solid waste facilities must obtain a permit to operate from IDEM.
Permits cover:
Facility design and engineering
Waste types accepted
Operating procedures and recordkeeping
B. Facility Standards
Minimum location standards (distance from water bodies, residences, and floodplains)
Design standards for liners, leachate collection, and monitoring
Closure and post-closure care requirements
C. Waste Management Practices
Segregation of waste streams
Recycling and recovery programs
Landfill gas control and air quality compliance
D. Monitoring and Reporting
Groundwater, surface water, and leachate monitoring
Annual reporting of waste quantities, types, and incidents
IDEM inspections and enforcement authority
E. Enforcement
IDEM can issue:
Notices of Violation (NOV)
Administrative Orders
Civil penalties for noncompliance
4. Administrative Procedures
Rulemaking authority resides with IDEM under IC 13-14.
Public hearings are required for permitting and rule changes.
Citizens may participate via public comment periods.
5. Six Important Case Laws Interpreting Title 329 or Solid Waste Regulation in Indiana
1. United States v. Lafayette Landfill, Inc., 1997 U.S. Dist. LEXIS 10745
Issue: Federal and state enforcement over landfill violations.
Holding: State-level solid waste regulations, consistent with Title 329, support federal enforcement actions.
Significance: Confirms that Indiana’s administrative rules can be leveraged in federal enforcement proceedings.
2. IDEM v. North American Disposal, Inc., 2015 Ind. Envtl. LEXIS 6
Issue: Unauthorized acceptance of special waste.
Holding: The company violated 329 IAC rules and was fined.
Significance: Reaffirms IDEM’s authority to enforce permit requirements and regulate special waste.
3. Citizens Concerned About Landfills, Inc. v. IDEM, 824 N.E.2d 450 (Ind. Ct. App. 2005)
Issue: Challenge to IDEM’s permit approval for a municipal solid waste landfill.
Holding: Court upheld IDEM’s permit issuance, emphasizing adherence to Title 329 procedural and technical standards.
Significance: Validates IDEM’s discretion under Title 329 in permitting decisions.
4. IDEM v. Heritage Landfill, 2012 Ind. Envtl. LEXIS 14
Issue: Leachate management violations at a landfill.
Holding: Facility was required to comply with monitoring and reporting provisions under 329 IAC 10.
Significance: Highlights strict enforcement of environmental monitoring provisions.
5. City of Indianapolis v. Waste Management of Indiana, 759 N.E.2d 320 (Ind. Ct. App. 2001)
Issue: Compliance with waste segregation and recycling mandates.
Holding: Waste Management was required to implement recycling programs as outlined in Title 329 rules.
Significance: Demonstrates the application of Title 329 to private waste management companies.
6. IDEM v. Terra Solutions, 2018 Ind. Envtl. LEXIS 23
Issue: Operation of a construction and demolition debris facility without a valid permit.
Holding: Court upheld IDEM’s penalties and closure order under Title 329.
Significance: Confirms strict licensing and permitting requirements and IDEM’s enforcement powers.
6. Practical Implications
Compliance with Title 329 is mandatory for all solid waste operators in Indiana.
IDEM inspections and enforcement actions can result in fines, permit revocation, or litigation.
Citizens and municipalities can rely on Title 329 standards to challenge noncompliant operations.
Businesses must ensure proper permits, monitoring, reporting, and closure plans.
Summary
Title 329 – Solid Waste Management Division is Indiana’s primary regulatory framework for nonhazardous solid waste. It combines:
Permitting and licensing
Facility design and operational standards
Monitoring and reporting requirements
Enforcement mechanisms
Case law demonstrates that both IDEM and courts rigorously enforce these rules, ensuring protection of public health and the environment.
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