Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1

Affected: IC 13-18; IC 13-25-4; IC 13-30-2; IC 36-9-30

Sec. 4. (a) The owner of real estate upon which an open dump is located is responsible for the following:

1. (1) Correcting and controlling any nuisance conditions that occur as a result of the open dump. Correction and control of nuisance conditions must include:

   1. (A) removal of all solid waste from the area of the open dump and disposal of such wastes in a solid waste land disposal facility permitted to accept the waste; or
   2. (B) other methods as approved by the commissioner.
2. (2) Eliminating any threat to human health or the environment.

(b) If the commissioner determines that the open dump is or may be a threat to human health or the environment due to a release of contaminants from the open dump into the environment, the commissioner may proceed under IC 13-25-4 and rules adopted under IC 13-25-4-7 that require the owner of real estate upon which an open dump is located or any other responsible persons under IC 13-25-4-8, to perform remedial action, including the installation and monitoring of ground water monitoring wells or other devices.

(Solid Waste Management Division; 329 IAC 10-4-4; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1797; filed Mar 19, 1998, 11:07 a.m.: 21 IR 2750; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3777; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)