Authority: IC 13-14-8; IC 13-22-2; IC 13-22-8-1; IC 13-22-9-7

Affected: IC 13-22

Sec. 12. (a) Within sixty (60) days after receiving certifications from the owner or operator and an independent registered professional engineer that final closure has been completed in accordance with the approved closure plan, the commissioner shall notify the owner or operator in writing that the owner or operator is no longer required by section 4 of this rule to maintain financial assurance for final closure of the facility, unless the commissioner has reason to believe that final closure has not been in accordance with the approved closure plan. The commissioner shall provide the owner or operator a detailed written statement of any reason that closure has not been in accordance with the approved closure plan.

(b) An owner or operator required in section 4 of this rule to establish financial assurance for corrective action of a facility is released from the requirement to maintain financial assurance when:

1. (1) the approved remedy for corrective action has attained the cleanup goal; and
2. (2) the commissioner has notified the owner or operator in writing that financial assurance for corrective action is no longer required.

(Solid Waste Management Division; 329 IAC 3.1-14-12; filed Jan 24, 1992, 2:00 p.m.: 15 IR 954; filed Apr 1, 1996, 11:00 a.m.: 19 IR 1979; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed May 11, 2021, 12:38 p.m.: 20210609-IR- 329140287FRA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)