2019 South Bend Financial Assurance Test Report

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Appendix i SOLD)WASTE LAND DISPOSAL FACILITIES (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 a state or the United States.(Solid Waste Management Division;329 JAC 10-39-1;filed Mar 14,1996,5:00p.m.:19 JR 1918;filed Feb 9,2004,4:51p.m.:27 JR 1864,effApr 1,2004;filed May 14,2014,11:02 am.:20140611-IR-329110454FRA) 329 IAC 10-39-2 Closure;financial responsibility Authority:IC 13-14-8-7;IC 13-15;IC 13-19-3 Affected:IC 8-1-2;IC 13-20;IC 36-9-30 Sec.2.(a)The permittee shall establish financial responsibility for closure of all the permitted acreage for the solid waste land disposal facility before waste placement,except as provided in subsection (b).The permittee shall choose from the following options: (1)The trust fund option,including the following: (A)The permittee may satis1~’the requirements of this section by doing 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 copy of the trust agreement to the commissioner. (B)All trust agreements must contain the following: (i)Identification of solid waste land disposal facilities and corresponding closure cost estimates covered by the trust agreement. (ii)The establishment of a trust fund in the amount determined by subsection (b)and guarantee payments from that fund either: (AA)reimbursing the permittee for commissioner-approved closure work done;or (BB)making payments to the commissioner for accomplishing required closure work. (iii)The requirement of annual evaluations of the trust to be submitted to the commissioner. (iv)The requirement of successor trustees to noti&the commissioner,in writing,of their appointment at least ten (10)days before the appointment becoming effective. (v)The requirement of the trustee to noti&the commissioner,in writing,ofthe failure ofthe permittee to make a required payment into the fund. (vi)The establishment that the trust is irrevocable unless terminated,in writing,with the approval of the: (AA)permittee; (BB)trustee;and (CC)commissioner. (vii)A certification that the signatory of the trust agreement for the permittee was duly authorized to bind the permittee. (viii)A notarization of all signatures by a notary public commissioned to be a notary public in the state of Indiana at the time of notarization. (ix)The establishment that the trustee is: (AA)authorized to act as a trustee;and (BB)an entity whose operations are regulated and examined by a federal and state of Indiana agency. (x)The requirement of: (AA)initial payment into the fund be made within thirty (30)days ofthe commissioner’s approval ofthe trust agreement;and (BB)any subsequent payments be made annually not later than June 15. (2)The surety bond option,including the following: (A)The permittee may satis&the requirements of this section by doing as follows: (i)Establish a surety bond on: (AA)forms provided by the commissioner;or Indiana Administrative Code Page 248