Indiana Administrative Code
Title 329 - SOLID WASTE MANAGEMENT DIVISION
Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES
Rule 39 - Solid Waste Land Disposal Facilities; Financial Responsibility
Section 39-5 - Joint financial responsibility for closure and post-closure

Universal Citation: 329 IN Admin Code 39-5

Current through March 20, 2024

Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3

Affected: IC 13-18; IC 13-20; IC 36-9-30

Sec. 5.

(a) A permittee may satisfy the requirements for financial responsibility for both closure and post-closure care for one (1) or more solid waste land disposal facilities by using a trust fund, surety bond, letter of credit, or insurance.

(b) In addition to the mechanisms listed under subsection (a), a permittee of a restricted waste site may use a financial test for restricted waste sites.

(c) In addition to the mechanisms listed under subsection (a), a permittee that is a local government may use a local government financial test or local government guarantee.

(d) The mechanisms listed under this section must meet the specifications for the mechanism in sections 2 through 3 of this rule.

(e) The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for financial responsibility of closure and of post-closure care.

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