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

Affected: IC 13-18; IC 13-20; IC 36-9-30

Sec. 6. (a) This section applies to:

1. (1) permit applications under this article for new MSWLFs and lateral expansions; or
2. (2) MSWLFs permitted under 329 IAC 1.5, which was repealed in 1989, or 329 IAC 2, which was repealed in 1996.

(b) New MSWLF units, or lateral expansions being permitted under this article to an MSWLF also permitted under this article, must not be located over underground mines.

(c) New MSWLF units within MSWLFs permitted under either this article, or 329 IAC 1.5, which was repealed in 1989, or 329 IAC 2, which was repealed in 1996, must be constructed on a stable foundation. As used in this subsection, "stable foundation" means the following:

1. (1) The loads and loading rate of the foundation must not cause or contribute to the failure of the leachate collection system.
2. (2) The total and differential settlement of the foundation must not cause or contribute to the failure of the leachate collection system.
3. (3) The new MSWLF unit must be designed to achieve a factor of safety against bearing capacity failure of at least two (2.0) under static conditions and of at least one and five-tenths (1.5) under seismic conditions.
4. (4) The new MSWLF unit must be designed to achieve a factor of safety against slope failure in accordance with Table 1 in 329 IAC 10-15-8.
5. (5) Factors of safety must be calculated for both long term and short term conditions expected at the site.
6. (6) Earthquake induced liquefaction potential or blasting in the underground mine and the effect on the bearing capacity and integrity of the new MSWLF unit must be considered in the design.
7. (7) Other factors of safety that may be approved by the commissioner.

(d) Lateral expansions to an MSWLF, which was originally permitted under 329 IAC 1.5, which was repealed in 1989, or 329 IAC 2, which was repealed in 1996, that are to be permitted under this article must not be located over underground mines unless the integrity of both the original MSWLF unit and lateral expansion will not be damaged by subsidence by demonstrating the following:

1. (1) The mine is more than one hundred (100) feet below the earth's surface.
2. (2) The mine is currently in operation or is safely accessible to the department and the owner, operator, or permittee.
3. (3) The mine will not collapse or, if a collapse does occur, the MSWLF unit will not be damaged by subsidence.

(e) Applicants for lateral expansions applying for a permit under this article must not locate the proposed expansion MSWLF unit over long wall underground mines unless the integrity of the proposed expansion MSWLF unit will not be damaged by subsidence by demonstrating that the mine is totally collapsed prior to the permitting of the lateral expansion.

(f) Permittees of MSWLFs permitted under 329 IAC 1.5, which was repealed in 1989, or 329 IAC 2, which was repealed in 1996, containing MSWLF units located over underground mines, must demonstrate to the commissioner that engineering measures have been incorporated into the MSWLF unit's design to accommodate subsidence and ensure that the integrity of the structural components of the MSWLF units will not be disrupted.

(g) For all demonstrations, the commissioner may ask for additional information prior to approval or denial of the demonstration.

(Solid Waste Management Division; 329 IAC 10-16-6; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1828; errata filed Apr 4, 1996, 4:00 p.m.: 19 IR 2046; filed Mar 19, 1998, 11:07 a.m.: 21 IR 2771; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3809; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)