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

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

Sec. 3. (a) The owner, operator, or permittee of an MSWLF shall have a written post-closure plan. The post-closure plan must be as follows:

1. (1) Submitted with the permit application in accordance with 329 IAC 10-11.
2. (2) Approved by the commissioner.

The approved post-closure plan must become a condition of the permit. If the permit expires or is revoked, the post-closure plan remains effective and enforceable during the post-closure period. If the plan is determined to be unacceptable, the commissioner shall identify the items needed to make it complete.

(b) The owner, operator, or permittee of existing MSWLFs shall revise and submit post-closure plans meeting the requirements of this rule within six (6) months after April 13, 1996, or the anniversary date of the approved post-closure plan, whichever is earlier.

(c) The post-closure plan must identify the activities that will be carried on after closure under section 2 of this rule and must include at least the following:

1. (1) A description of the planned:

   1. (A) ground water monitoring activities; and
   2. (B) maintenance activities;
2. and the frequency at which they will be performed.

3. (2) A description of the planned uses of the property during the post-closure period. Post-closure use of the property must not disturb the:

   1. (A) integrity of the final cover, liner, or any other component of the containment system; or
   2. (B) function of the monitoring system;
4. unless necessary to comply with this article. The commissioner may approve other disturbances if the owner, operator, or permittee demonstrates that disturbance of the final cover, liner, or other component of the containment system, including any removal of waste, will not increase the potential threat to human health or the environment.
5. (3) The name, address, and telephone number of the owner, operator, or permittee with responsibility for maintaining the site after closure whom the commissioner may contact about the MSWLF during the post-closure period.

6. (4) A post-closure cost estimate in accordance with 329 IAC 10-39. Post-closure costs must be calculated based on the cost necessary for the work to be performed by a third party for thirty (30) years of the post-closure period and must include the following:

   1. (A) For post-closure maintenance of final cover and vegetation, the amount per acre must be ten percent (10%) of the cost calculated under 329 IAC 10-22-2(c)(5) multiplied by the total acreage of the site permitted for filling.

   2. (B) At a minimum, the amount of funds necessary for leachate treatment and disposal must be based on the following gallons per acre per day over the thirty (30) year post-closure period:

      	Gallons Per Acre
      Year	Per Day (GPAD)
      1–5	150
      6–10	80
      11–15	50
      16–20	30
      21–25	20
      26–30	10

   3. The commissioner may increase or decrease this amount of funding if it is determined that, based on a site-specific basis, more or less funds are necessary. A partial closure for leachate generation rate, based on the rates described in this clause, may be granted if the owner, operator, or permittee of an MSWLF provides actual leachate generation rate data of an area for at least a two (2) years duration after final cover is installed and certified.

   4. (C) At a minimum, the amount of funds necessary to provide for post-closure activities must include funds for the following:

      1. (i) Ground water monitoring and well maintenance, including piezometers when applicable.
      2. (ii) Methane monitoring and maintenance.
      3. (iii) Landfill gas emissions extraction system operation and maintenance.

      4. (iv) Maintenance of the following:

         1. (AA) The drainage and erosion control system.
         2. (BB) The leachate collection system.
         3. (CC) Access control.
      5. (v) Control of vegetation.
      6. (vi) Maintenance of the dike or dikes if required under 329 IAC 10-16-2.
7. (5) The post-closure cost estimate must include a twenty-five percent (25%) contingency cost based on total post-closure cost.

8. (6) If the property is used to fulfill or reduce the cost of post-closure funding, the property must not be sold, relinquished, or used for any other purpose. If the property is proposed to be sold, relinquished, or used for any other purpose, the owner, operator, or permittee shall complete the following requirements:

   1. (A) The post-closure plan must be:

      1. (i) updated under this section; and
      2. (ii) submitted to the commissioner.

   2. (B) The post-closure financial responsibility must be:

      1. (i) updated under 329 IAC 10-39; and
      2. (ii) submitted to the commissioner.
   3. (C) The owner, operator, or permittee shall receive approval from the commissioner for the requirements under clauses (A) and (B) before selling, relinquishing, or using the property for any other purpose.

(d) Proposed changes to the approved post-closure plans may be submitted to the commissioner during the post-closure period. The commissioner shall provide notification that the modification is not acceptable within sixty (60) days of receiving the modification request. If the owner or operator does not receive notification from the commissioner within sixty (60) days, the post-closure plan modifications may be installed in accordance with documentation provided to the commissioner.

(Solid Waste Management Division; 329 IAC 10-23-3; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1887; filed Mar 19, 1998, 11:07 a.m.: 21 IR 2816; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3864; filed Feb 9, 2004, 4:51 p.m.: 27 IR 1859, eff Apr 1, 2004; filed Apr 26, 2007, 9:41 a.m.: 20070523-IR-329050296FRA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)