329 IAC 11.6-5-1 Storage requirements for mobile homes and structures

Sec. 1. (a) All registered facilities must store partially dismantled mobile homes, parts, or any residue in one (1) of the following that is leakproof with spill prevention: (1) A building that is weather tight with impervious floor. (2) A container capable of being enclosed. (3) A completely enclosed vehicle. (4) Other storage provisions approved by the commissioner. (b) Speculative accumulation of partially dismantled mobile homes, parts, or residue is not allowed. Facilities registered under this article must engage in only legitimate reuse or recycling as demonstrated by the following: (1) The owner or operator of the registered facility must have a plan, to reuse or recycle the partially dismantled mobile home, structures, or parts that are salvaged, that provides or shows the following: (A) The parts to be reused, recycled, or processed. (B) The manner in which salvaged parts are intended to be reused, recycled, or processed. (C) If applicable, a reason why any partially dismantled mobile home, structures, or parts are being stored for periods exceeding six (6) months. Reasons can include that storage is necessary to accumulate sufficient quantities for shipment or processing that saves additional costs. (D) The mobile homes, structures, or parts are stored in a manner reflecting the value as a commodity and in accordance with this rule. (2) The registered facility must maintain records for a period of five (5) years and recorded in a consistent manner either daily, weekly, or monthly, of mobile homes, structures, or parts coming into the facility and mobile homes or structures processed at the facility and include the following: (A) The total number of mobile homes or structures received. (B) The total amount of mobile homes, structures, or parts processed. (C) The total amount of residue shipped from the facility for disposal. (D) The total amount of any material shipped off-site. (3) Shipping papers and manifests as applicable. (c) The facility must have fire-extinguishing equipment that complies with the Indiana Fire Code as adopted by the fire prevention and building safety commission at 675 IAC 22. Adequate measures must be in place to control fire hazards, and contingency action plan required under 329 IAC 11.6-4-1(f)(13) must be submitted to the local fire department that services the area. (d) The building, storage area, or vehicle storing mobile homes or mobile home parts and residues must: (1) have access controls in place, such as a locked door or fence with locked gate; and (2) be secured during nonbusiness hours. (e) The land, building, vehicles, and containers must be maintained clean and free of other solid waste, other than in designated storage areas. (f) Any facility that has or stores more than forty (40) cubic yards of residue on-site at any one (1) time is required to obtain financial assurance under 329 IAC 11.6-9-1. (g) Storage, including the retention, containment, or accumulation of solid waste, on a temporary basis must be done in such a manner that it does not: (1) threaten or potentially threaten human health; or (2) impact or potentially impact the environment. However, it is a rebuttable presumption that storage of partially disassembled mobile homes or structures, mobile home parts, or residue for more than six (6) months constitutes disposal.