Indiana Administrative Code
Title 329 - SOLID WASTE MANAGEMENT DIVISION
Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT
Rule 15 - Financial Requirements for Final (State) Permitted Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities
Section 15-5 - Cost estimate for post-closure care

Universal Citation: 329 IN Admin Code 15-5

Current through September 18, 2024

Authority: IC 13-14-8; IC 13-22-2-4

Affected: IC 13-22-2; 40 CFR 264.144

Sec. 5.

(a) The owner or operator of a disposal surface impoundment, disposal miscellaneous unit, land treatment unit, landfill unit, surface impoundment, or waste pile, required under 40 CFR 264.228 and 40 CFR 264.258 to prepare a contingent closure and post-closure plan shall keep at the facility a detailed written estimate, in current dollars, of the annual cost of post-closure monitoring and maintenance of the facility in accordance with the applicable post-closure regulations in 40 CFR 264.117 through 40 CFR 264.120, 40 CFR 264.228, 40 CFR 264.258, 40 CFR 264.280, 40 CFR 264.310, 40 CFR 264.603, and the following:

(1) The post-closure cost estimate must be based on the costs to the owner or operator of hiring a third party to conduct post-closure care activities. A third party is a party who is neither a parent nor a subsidiary of the owner or operator. (See definition of parent corporation in section 2(e) of this rule.)

(2) The post-closure cost estimate is calculated by multiplying the annual post-closure cost estimate by the number of years of post-closure care required under 40 CFR 264.117.

(b) During the active life of the facility, the owner or operator shall adjust the post-closure cost estimate for inflation within sixty (60) days prior to the anniversary date of the establishment of the financial instrument used to comply with section 6 of this rule. For owners or operators using the financial test or guarantee, the post-closure cost estimate must be updated for inflation within thirty (30) days after the close of the firm's fiscal year and before the submission of updated information to the commissioner as specified in section 6(g)(5) of this rule. The adjustment may be made by recalculating the post-closure cost estimate in current dollars or by using an inflation factor derived from the most recent implicit price deflator for gross national product published by the U.S. Department of Commerce in its Survey of Current Business, specified as follows:

(1) The first adjustment is made by multiplying the post-closure cost estimate by the inflation factor. The result is the adjusted post-closure cost estimate.

(2) Subsequent adjustments are made by multiplying the latest adjusted post-closure cost estimate by the latest inflation factor. The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year.

(c) During the active life of the facility, the owner or operator shall revise the post-closure cost estimate within thirty (30) days after the commissioner has approved the request to modify the post-closure plan, if the change in the post-closure plan increases the cost of post-closure care. The revised post-closure cost estimate must be adjusted for inflation as specified in subsection (b).

(d) The owner or operator shall keep the following at the facility during the operating life of the facility:

(1) The latest post-closure cost estimate prepared in accordance with subsections (a) and (c).

(2) When this estimate has been adjusted in accordance with subsection (b), the latest adjusted post-closure cost estimate.

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