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) Owners or operators of a restricted waste site Type III and a construction/demolition site shall have a written post-closure plan. The post-closure plan must be submitted with the permit application in accordance with 329 IAC 10-11 and be approved if acceptable by the commissioner as part of the permit. The approved post-closure plan must become a condition of the permit. If the plan is determined to be unacceptable, the commissioner shall identify the items needed to make it complete.

(b) 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 maintenance activities and the frequency at which they will be performed.
2. (2) The name, address, and telephone number of the owner or operator with responsibility for maintaining the site after closure whom the commissioner may contact about the solid waste facility during the post-closure period.
3. (3) A post-closure cost estimate in accordance with 329 IAC 10-39-3. Post-closure costs must be calculated based on the cost necessary for the work to be performed by a third party. 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 10-37-4(b)(4) multiplied by the total acreage of the site permitted for filling. The estimate of the post-closure cost per acre must be that necessary for providing the activities as specified in the post-closure plan; however, the sum of the closure cost estimate and post-closure cost estimate must not be less than fifteen thousand dollars ($15,000) per acre or fraction of an acre covered by the permitted facility.

(Solid Waste Management Division; 329 IAC 10-38-3; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1918; 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)