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. 2. (a) Owners or operators of restricted waste site Type I and nonmunicipal solid waste landfills shall apply and compact final cover of not less than two (2) feet, except as more cover may be required under subsection (c), to any point in the fill:

1. (1) within one hundred eighty (180) days of receiving its final waste volume; or
2. (2) when any area of the restricted waste site Type I or nonmunicipal solid waste landfill is filled to its approved elevation.

(b) Owners or operators of restricted waste site Type I and nonmunicipal solid waste landfills shall apply six (6) inches of topsoil on top of the final cover to establish vegetation as required by 329 IAC 10-28-14.

(c) Restricted waste site Type I and nonmunicipal solid waste landfills must meet the following requirements for final cover:

1. (1) The maximum projected erosion rate must be five (5) tons per acre per year.

2. (2) The final compacted cover must have six (6) inches of topsoil plus a minimum depth of compacted clay of:

   1. (A) two (2) feet for slopes less than or equal to fifteen percent (15%);
   2. (B) three (3) feet for slopes greater than fifteen percent (15%) but less than twenty-five percent (25%); and
   3. (C) four (4) feet for slopes greater than twenty-five percent (25%).

3. (3) The final cover must have a slope of:

   1. (A) not less than two percent (2%) and not greater than thirty-three percent (33%) for restricted waste site Type I; and
   2. (B) not less than four percent (4%) and not greater than thirty-three percent (33%) for nonmunicipal solid waste landfills.

(Solid Waste Management Division; 329 IAC 10-30-2; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1905; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed May 14, 2007, 1:53 p.m.: 20070523-IR-329070138BFA; readopted filed Jul 29, 2013, 9:20 a.m.: 20130828-IR-329130179BFA; readopted filed Jun 14, 2019, 2:00 p.m.: 20190710-IR-329190249BFA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)