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 39-7 - Incapacity of permittee, guarantors, or financial institutions

Universal Citation: 329 IN Admin Code 39-7

Current through March 20, 2024

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

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

Sec. 7.

(a) A permittee shall notify the commissioner by certified mail within ten (10) days after commencement of a voluntary or involuntary proceeding under bankruptcy under 11 U.S.C. 101 et seq., October 1, 1979, naming the permittee as debtor.

(b) A local government guarantor, which provides financial assurance to a permittee, shall notify the permittee and the commissioner by certified mail within ten (10) days after commencement of a voluntary or involuntary proceeding under bankruptcy under 11 U.S.C. 101 et seq., October 1, 1979, naming the local government guarantor as debtor.

(c) A permittee who fulfills the requirements of sections 1 through 5 of this rule by obtaining a trust fund, surety bond, letter of credit, insurance policy, or local government guarantee shall be deemed to be without the required financial responsibility in the event of bankruptcy of the:

(1) trustee;

(2) institution issuing the surety bond, letter of credit, or insurance policy to issue such instruments; or

(3) local government guarantor.

The permittee shall establish other financial responsibility within sixty (60) days after such an event.

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