Indiana Administrative Code
Title 329 - SOLID WASTE MANAGEMENT DIVISION
Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT
Rule 14 - Financial Requirements for Owners and Operators of Interim Status Hazardous Waste Treatment, Storage, and Disposal Facilities
Section 14-4 - Financial assurance for closure and corrective action; approach options

Universal Citation: 329 IN Admin Code 14-4

Current through September 18, 2024

Authority: IC 13-14-8; IC 13-22-2; IC 13-22-8-1; IC 13-22-9-7

Affected: IC 13-22

Sec. 4.

An owner or operator of each facility shall establish financial assurance for closure or corrective action, or both, of the facility, in accordance with the following:

(1) The owner or operator shall choose from the financial assurance options specified in sections 5 through 9 of this rule to establish financial assurance for corrective action.

(2) The owner or operator shall establish financial assurance for closure of a facility that is subject to this rule.

(3) The owner or operator shall establish financial assurance for corrective action of a facility that meets the following criteria:

(A) The facility is subject to corrective action under 42 U.S.C. 6928(h) or IC 13-22-13.

(B) The commissioner requires the establishment of financial assurance for corrective action, based on one (1) or more of the following:
(i) After the implementation of interim measures for corrective action, the owner or operator has not attained the cleanup goal.

(ii) Corrective action requires a long-term remedy that may include engineering controls as a component of an environmental restrictive covenant.

(iii) An order requires financial assurance for corrective action.

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