Authority: IC
13-14-8-7; IC
13-15-2-1;
IC
13-19-3-1
Sec. 9.
(a) This
section applies to all permittees funding financial responsibility mechanisms
under this rule whether utilizing the entire facility standard specified in
section 2(b)(2)(A) of this rule or the incremental standard specified in
section 2(b)(2)(B) of this rule.
(b) Permittees may request release of closure
or post-closure financial responsibility funds as follows:
(1) Closure as follows:
(A) Prior to closure of the solid waste land
disposal facility, if payments have been made by the permittee as a part of
establishing a financial responsibility mechanism, and if the payments total
more than the required amount, the permittee may request, and the commissioner
shall release the excess amount provided no refund must be made for an amount
less than two thousand five hundred dollars ($2,500). Such request for release
must be made no more than once a year.
(B) After beginning final closure, a
permittee or any other person authorized to perform closure may request
reimbursement for closure expenditures by submitting itemized bills to the
commissioner for a minimum of ten thousand dollars ($10,000), except after
final closure certification approval. However, the permittee must provide maps
indicating the closure work that has been completed, and after expenditures for
closures have been reimbursed, the remaining amount in the fund must be an
adequate amount to complete the remainder of the closure work as required by
the closure plan.
(2)
Post-closure as follows:
(A) Prior to closure
of the solid waste land disposal facility, if payments have been made by the
permittee as a part of establishing a financial responsibility mechanism and if
the payments total more than the required amount, the permittee may request,
and the commissioner shall release the excess amount provided no refund must be
made for an amount less than two thousand five hundred dollars ($2,500). Such
request for release must be made no more than once a year.
(B) During the period of post-closure care,
the commissioner may approve a release of funds by an amount of not less than
two thousand five hundred dollars ($2,500) and not more than three percent)
(3%) of the current balance of the trust fund, except after final post-closure
certification approval, if the permittee demonstrates to the commissioner that
the value of the trust fund exceeds the remaining cost of post-closure care.
Provided, however, that at no time must the value of the trust fund be allowed
to drop below the remaining cost of post-closure care. Such requests for
release must be made no more than once a year.
(c) Within thirty (30) days after receipt of
a request for release of funds under subsection (b), the commissioner shall
determine whether the expenditures are justified and, if so, shall instruct the
trustee to make reimbursement in such amounts as the commissioner specifies in
writing. If the commissioner determines that the cost of the closure or
post-closure will be significantly greater than the value of the trust fund,
the commissioner may withhold reimbursement of such amounts as deemed prudent
until it is determined that the permittee is no longer required to maintain the
financial responsibility.
