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. 7. (a) As part of the final closure of a facility, the owner or operator of a restricted waste site Type III or a construction/demolition site shall submit to the commissioner the following:

1. (1) A certification statement, signed by both the owner or operator and a registered professional engineer, that the facility has been closed in accordance with the approved closure plan.

2. (2) Verification that the owner of the property on which the facility is located has recorded a notation on the deed to the facility property, or on some other instrument that is normally examined during title search, which will in perpetuity notify any potential purchaser of the property that the land has been used as a solid waste land disposal facility. At a minimum, the recording must contain the following:

   1. (A) The general types and location of waste.
   2. (B) The depth of fill.

   3. (C) A plot plan, with surface contours at intervals of two (2) feet, which must indicate:

      1. (i) final land surface water run-off direction;
      2. (ii) surface water diversion structures after completion of the operation; and
      3. (iii) final grading.
   4. (D) A statement that no construction, installation of wells, pipes, conduits, or septic systems, or any other excavation must occur on the property without approval by the commissioner.

(b) The final closure will be deemed adequate unless within one hundred fifty (150) days of receipt of the documentation required by subsection (a), the commissioner issues a notice of deficiency of final closure, including additional action that needs to be taken and the timetable for the necessary additional actions.

(Solid Waste Management Division; 329 IAC 10-37-7; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1917; 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)