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. 1. (a) This rule applies to all solid waste land disposal facilities that:

1. (1) are required to have a permit under 329 IAC 10-11-1;
2. (2) submit an application for a permit; or
3. (3) have a currently effective operating permit.

(b) The permittee for solid waste land disposal facilities regulated by this rule shall provide financial responsibility for closure and post-closure in accordance with the following:

1. (1) Closure and post-closure rules, including:

   1. (A) 329 IAC 10-22 and 329 IAC 10-23;
   2. (B) 329 IAC 10-30 and 329 IAC 10-31; or
   3. (C) 329 IAC 10-37 and 329 IAC 10-38.
2. (2) Sections 2 through 5 of this rule.

(c) Solid waste land disposal facilities that have operating permits in effect may not continue to operate unless the permittees have established financial responsibility for post-closure by:

1. (1) choosing a financial assurance mechanism under section 3(a) of this rule; and
2. (2) funding the mechanism under section 3(b) of this rule.

(d) Solid waste land disposal facilities that have operating permits in effect may not continue to operate unless the permittees have established financial responsibility for closure by:

1. (1) choosing a financial assurance mechanism under section 2(a) of this rule; and
2. (2) funding the mechanism under section 2(b) of this rule.

(e) Solid waste land disposal facilities that apply for permits must provide financial responsibility as required under 329 IAC 10-11-2.5(a)(4) in accordance with the following:

1. (1) The documents establishing both the closure and post-closure financial responsibility must be approved by the commissioner prior to operation of the facility.
2. (2) The financial assurance mechanism must be funded under sections 2(b) and 3(b) of this rule prior to operation.

(f) The requirements of this section apply to permittees of all solid waste land disposal facilities except permittees who are state or federal government entities whose debts and liabilities are the debts and liabilities of the state of Indiana or the United States.

(Solid Waste Management Division; 329 IAC 10-39-1; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1918; filed Feb 9, 2004, 4:51 p.m.: 27 IR 1864, eff Apr 1, 2004; filed May 14, 2014, 11:02 a.m.: 20140611-IR-329110454FRA; filed Nov 19, 2021, 9:03 a.m.: 20211215-IR-329200020FRA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)