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

Affected: IC 13-22

Sec. 4. An owner or operator of each facility shall establish financial assurance for closure or corrective action, or both, of the facility, in accordance with the following:

1. (1) The owner or operator shall choose from the financial assurance options specified in sections 5 through 9 of this rule to establish financial assurance for corrective action.
2. (2) The owner or operator shall establish financial assurance for closure of a facility that is subject to this rule.

3. (3) The owner or operator shall establish financial assurance for corrective action of a facility that meets the following criteria:

   1. (A) The facility is subject to corrective action under 42 U.S.C. 6928(h) or IC 13-22-13.

   2. (B) The commissioner requires the establishment of financial assurance for corrective action, based on one (1) or more of the following:

      1. (i) After the implementation of interim measures for corrective action, the owner or operator has not attained the cleanup goal.
      2. (ii) Corrective action requires a long-term remedy that may include engineering controls as a component of an environmental restrictive covenant.
      3. (iii) An order requires financial assurance for corrective action.

(Solid Waste Management Division; 329 IAC 3.1-14-4; filed Jan 24, 1992, 2:00 p.m.: 15 IR 948; filed Apr 1, 1996, 11:00 a.m.: 19 IR 1973; 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)