Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1

Affected: IC 13-30-2; IC 36-9-30

Sec. 3. (a) A new MSWLF unit for which a construction certification was submitted after January 1, 1997, must comply with the subsections of 329 IAC 10-16 and 329 IAC 10-17 that are applicable to the unit.

(b) A MSWLF unit that:

1. (1) is constructed before the effective date of this article;
2. (2) submits a construction certification before January 1, 1997; and
3. (3) has not received waste in a constructed area of two (2) acres or less on January 1, 1998;

may continue to be filled to the permitted elevation.

(c) A MSWLF unit that:

1. (1) is constructed before the effective date of this article;
2. (2) has had a construction certification submitted before January 1, 1997; and
3. (3) has not received waste in a constructed area greater than two (2) acres prior to January 1, 1998;

must comply with the applicable requirements of 329 IAC 10-16 and 329 IAC 10-17 in the portions of the MSWLF unit that have not received waste.

(d) A MSWLF unit that:

1. (1) is constructed after the effective date of this article;
2. (2) has had a construction certification submitted before January 1, 1997; and
3. (3) has not received waste in a constructed area greater than two (2) acres prior to January 1, 1997;

must comply with the applicable requirements of 329 IAC 10-16 and 329 IAC 10-17 in the portions of the MSWLF unit that have not received waste.

(e) A MSWLF unit that:

1. (1) is constructed after the effective date of this article;
2. (2) has had a construction certification submitted before January 1, 1997; and
3. (3) has not received waste in a constructed area of two (2) acres or less on January 1, 1997;

may continue to fill the MSWLF unit to the permitted elevation.

(f) Any sump area of a MSWLF unit that is constructed after January 1, 1996, and before January 1, 1997, must comply with the sump area requirements of 329 IAC 10-17-2(a)(2)(C) through 329 IAC 10-17-2(a)(2)(H).

(g) A MSWLF unit permitted under 329 IAC 1.5, which was repealed in 1989, or 329 IAC 2, which was repealed in 1996, and that closes on or before January 1, 1998, must close under the MSWLF's existing approved closure plan if it was constructed without:

1. (1) a soil bottom liner; or
2. (2) a leachate collection system.

(h) Those MSWLF units meeting the requirements of subsection (g) may apply for up to a one (1) year extension of the closure period. The extension of the closure period must end on or before January 1, 1999.

(Solid Waste Management Division; 329 IAC 10-10-3; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1807; errata filed Apr 4, 1996, 4:00 p.m.: 19 IR 2045; filed Mar 19, 1998, 11:07 a.m.: 21 IR 2751; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3788; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)