2014 South Bend Financial Assurance Test Report

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SOLID WASTE LAND DISPOSAL FACILITIES readopted filed Jul 29, 2013, 9 :20 a. n7.: 20130828- IR- 329130179BFA) Rule 39. Solid Waste Land Disposal Facilities; Financial Responsibility 329 IAC 10 -39 -1 Applicability Authority: IC 13- 14 -8 -7; IC 13- 15 -2 -1; IC 13- 19 -3 -1 Affected: IC 13 -30 -2; IC 36 -9 -30 Sec. 1. (a) This rule applies to all solid waste land disposal facilities that: (1) are required to have a permit by 329 IAC 10 -11 -1; and (2) apply for a permit after April 13, 1996, or have an operating permit in effect on April 13, 1996. (b) The permittee for solid waste land disposal facilities regulated by this rule shall provide financial responsibility for closure and post- closure in accordance with the following: (1) Closure and post - closure rules, including: (A) 329 IAC 10 -22 and 329 IAC 10 -23; (B) 329 IAC 10 -30 and 329 IAC 10 -31; or (C) 329 IAC 10 -37 and 329 IAC 10 -38. (2) Sections 2 through 5 of this rule. (c) Solid waste land disposal facilities that have operating permits in effect must not continue to operate unless the permittees have established financial responsibility for post - closure by choosing a financial assurance mechanism under section 3(a) of this rule and by funding the same under section 3(b) of this rule. (d) Solid waste land disposal facilities that have operating permits in effect must not continue to operate unless the permittees have established financial responsibility for closure by choosing a financial assurance mechanism under section 2(a) of this rule and by funding the same under section 2(b) of this rule. (e) Solid waste land disposal facilities that apply for permits after April 13, 1996, must provide financial responsibility as required by 329 IAC 10- 11- 2.5(a)(4). The documents establishing both the closure and post- closure financial responsibility must be executed by and approved by the commissioner prior to operation ofthe facility. In addition, the financial assurance mechanism must be funded under sections 2(b) and 3(b) of this rule prior to operation. (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 IAC 10 -39 -1; filed Mar 14, 1996, 5:00 p.m.: 19 I 1918,-filed Feb 9, 2004, 4:51 p.m.: 27 I 1864, effApr 1, 2004; filed May 14, 2014, 11:02 a.m.: 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 satisfy 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. Indiana Administrative Code Page 247