2019 South Bend Financial Assurance Test Report

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SOLID WASTE LAND DISPOSAL FACILITIES (1)For inflation,using an inflation factor derived from the annual implicit price deflator for gross national product as published by the United States Department of Commerce in its Survey of Current Business.The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year as follows: (A)The first revision is made by multiplying the original closure cost estimate by the inflation factor.The result is the revised closure cost estimate. (B)Subsequent revisions are made by multiplying the latest revised closure cost estimate by the latest inflation factor. (2)For changes in the closure plan,whenever the changes increase the cost of closure. (d)The permittee may revise the closure cost estimate downward whenever a change in the closure plan decreases the cost of closure or whenever portions of the solid waste land disposal facility have been certified for partial closure under: (1)329 IAC 10-22-3; (2)329 IAC 10-30-5;or (3)329 IAC 10-37-5. (Solid Waste Management Division;329 L4C I0-39-2;filedMar 14,1996,5:OOp.m.:19 JR 1919;filed Mar19,1998,11:07a.m.. 21 JR 2817;filed Feb 26,1999,5:45p.m.:22 JR 2228;filedAug2,1999,11:50 a.m.:22JR 3866;erratafiled Sep 8,1999,11:38 am.:23 JR 27;filed Feb 9,2004,4:51 p.m.:27 JR 1864,eff Apr 1,2004;filed Jul 10,2007,2:26 p.m.:20070808-JR- 329050167FRA;filedMay 14,2014,11:02a.m.:20140611-JR -3291 10454FRA;erratafiledAug 6,2014,3:12p.m.:2014082 7-JR- 329140303ACA;erratafiled Feb 19,2018,10:06a.m.:20180228-JR-329180109ACA) 329 IAC 10-39-3 Post-closure;financial responsibility Authority:IC 13-14-8-7;IC 13-15;IC 13-19-3 Affected:IC 13-20;IC 36-9-3 0 Sec.3.(a)The permittee shall establish financial responsibility for post-closure care for all the permitted acreage ofthe solid waste land disposal facility before waste placement,except as provided by subsection (b).The permittee shall choose from the following options: (1)The trust fund option,including the following: (A)The permittee shall do as follows: (i)Establish a trust agreement on: (AA)forms provided by the commissioner;or (BB)other forms approved by the commissioner. (ii)Submit an original signed copy and a duplicate of the trust agreement to the commissioner. (B)All trust agreements must conform to the requirements detailed in section 2(a)(1)(B)of this rule,with the exception that the term “post-closure”be substituted for the term “closure”. (2)The surety bond option,including the following: (A)The permittee shall do as follows: (i)Establish a surety bond on: (AA)forms provided by the commissioner;or (BB)other forms approved by the commissioner. (ii)Submit an original signed copy and a duplicate of the surety bond to the commissioner. (B)Choose from either of the following types of surety bonds: (i)A financial guarantee surety bond. (ii)A performance surety bond. (C)All surety bonds must conform to the requirements detailed in section 2(a)(2)(C)through 2(a)(2)(F)of this rule, with the exception that the term “post-closure”be substituted for the term “closure”. (3)The letter-of-credit option,including the following: (A)The permittee shall do as follows: (i)Establish a letter-of-credit on: (AA)forms provided by the commissioner;or ~B)other forms approved by the commissioner. Indiana Administrative Code Page 257