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Indiana
General
This state resource locator contains information on the beneficial use of industrial byproducts for the state of Indiana. Also included are EPA and private industry resources.

Indiana Beneficial Use Policy
In Indiana beneficial use is termed legitimate use. Indiana statutes allow specific uses, without IDEM approval, of:

  1. coal combustion waste (IC 13-19-3-3)
  2. iron or steel making slag (IC 13-19-3-8), and
  3. foundry sands (IC 13-19-3-7). Use of foundry sands without approval require a waste classification issued by IDEM.
For all other wastes, a case-by-case approval must be obtained prior to use (329 IAC 10-3-1). According to this rule, the applicant must demonstrate that the use is legitimate, and its use won’t pose a threat to public health or the environment. IDEM, in general, evaluates these request in the following manner:
  1. Is the use legitimate?
    • a. Does it perform as well as or better than a raw material?
    • b. Is someone willing to use the material for that use?
  2. Does the waste poes a threat to public health or the environment?
    • c. How contaminated is the material?
    • d. Can it be placed near an environmentally sensitive area?

The evaluation of determining the threat typically includes chemical testing. The analytical testing should be tailored to the waste stream if possible.

The case-by-case approvals typically are issued with conditions to ensure that the; management prior to use, the life of the use, and management after use, is protective of human health and the environment. Typical conditions include how the material should be stored prior to use, restrictions on where the material can be placed (if necessary), limits on the amount of material that can be stored at any one point in time.

IDEM staff can be reached at (317) 234-6951 for questions concerning legitimate use.

Applicable Indiana Agency/Division
Indiana Department of Environmental Management (IDEM), Industrial Waste Compliance.

Regulations

Indiana Definition of Beneficial Use

IC 13-11-2-118.4: "Legitimate use"

Sec. 118.4. (a) "Legitimate use", for purposes of this article, IC 13-19, and IC 13-20, means the use or reuse of a material, otherwise defined as a solid or hazardous waste, under all of the following circumstances:

  1. The material is used or reused:
    • (A) in a manufacturing process; or
    • (B) as a substitute for natural or commercial materials.
  2. (2) The material:
    • (A) is commercially valuable for an established or emerging market; and
    • (B) is used or reused in a manner that does not pose an unreasonable threat to human health or the environment.

(b) Subsection (a) does not affect or limit uses of materials as allowed under IC 13-19-3, rules adopted by the board, or other state or federal law or regulations.

Note: Use must occur in accordance with a statute or a case-by-case approval.

Materials Approved for Beneficial Use
Below is a listing of materials and beneficial uses that have been approved either on a case-by-case or pre-approved basis. This list of pre-approved and case-by-case uses is not an exhaustive list of all materials being beneficially used in a state. Some states also may have additional materials in use under a statutory exemption or through allowances in state rules. Before implementing the beneficial use of any material, you should contact the Indiana Department of Environmental Management (IDEM), Industrial Waste Compliance. You may be required to submit an application form, implement certain management practices, provide periodic reports or meet other requirements. (Click on the approved material to find other states that have also approved this material.)

More Indiana Information

Additional Information

  • The Association of State and Territorial Solid Waste Management Officials (ASTSWMO) 2006 Beneficial Use Survey Report (11/2007). ASTSWMO’s Solid Waste Subcommittee established the Beneficial Use Task Force (Task Force) to study how States are managing requests to use non-hazardous, industrial solid wastes rather than dispose of them in landfills. The Task Force’s primary goal is to collect and share information that will assist States and Territories in developing or improving programs and processes to handle these requests.
  • Associated General Contractors of America Environmental Services. AGC provides environmental information, networking opportunities and effective advocacy for construction professionals. AGC publishes on-point articles and fact sheets on key environmental actions, deadlines, requirements and initiatives that may impact the construction industry. AGC organizes an annual Contractors Environmental Conference and holds educational webinars on hot topics. In addition, AGC regularly disseminates environmental news via social media on Twitter (@AGCEnvironment). AGC sponsors and contributes to the Construction Industry Compliance Assistance Center, which is the association’s “go-to” resource on federal and state environmental requirements that affect construction activities. AGC advocates on behalf of its members in the regulatory and legislative arenas. AGC invites its members to join its Environmental Forum to stay informed, connect and take action on critical issues.
  • U.S. EPA Industrial Materials Recycling Program. EPA provides information on the environmentally protective recycling and beneficial use of industrial materials.
  • Northeast Waste Management Officials Beneficial Use Determination Database. A password-protected tool for state environmental regulators, this national database contains a compilation of approved state beneficial use determinations (BUDs).
  • Industrial Resources Council. The Industrial Resources Council’s website is an information portal to help project designers, engineers, landscapers and other professionals achieve sustainability goals. Information is provided for the following wastes types: coal combustion products, foundry sands and slags, iron and steel slag, C&D materials, scrape tires, and pulp and paper industry materials.
  • Construction Materials Recycling Association (CMRA). CMRA promotes the safe and economically feasible recycling of the more than 325 million tons of recoverable construction and demolition (C&D) materials that are generated in the United States annually. Use their locator tool to find a recycler in your state.

Last update: 9/15/2010

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