IC 13-22-9
Chapter 9. Financial Responsibility for Operators of Hazardous
Waste Landfills, Solid Waste Landfills, and Transfer Stations
IC 13-22-9-1 Prerequisite for permit
Sec. 1. Except as provided in section 8 of this chapter, a person
that applies for a permit to operate a:
(1) hazardous waste landfill;
(2) solid waste landfill; or
(3) transfer station;
must establish financial responsibility for the costs of closure and
postclosure monitoring and maintenance of the hazardous waste
landfill, solid waste landfill, or transfer station. As added by P.L.1-1996, SEC.12.
IC 13-22-9-2 Extent
Sec. 2. The financial responsibility established under section 1 of
this chapter must cover the costs of:
(1) properly closing, in an environmentally sound manner; and
(2) during postclosure, monitoring and maintaining;
the hazardous waste landfill, solid waste landfill, or transfer station. As added by P.L.1-1996, SEC.12.
IC 13-22-9-3 Establishment
Sec. 3. Financial responsibility may be established under section
1 of this chapter by filing one (1) or a combination of the following
with the commissioner:
(1) Trust fund agreement.
(2) Surety bond with a standby trust fund agreement.
(3) Letter of credit with a standby trust fund agreement.
(4) Insurance policy with a standby trust fund agreement.
(5) If the person applying for a permit derives less than fifty
percent (50%) of the person's gross revenue from waste
management, proof that the person meets a financial test
established by the board. As added by P.L.1-1996, SEC.12.
IC 13-22-9-4 Amount necessary for landfill
Sec. 4. The amount of financial responsibility a person must
establish under section 1 of this chapter for a hazardous waste
landfill or a solid waste landfill must:
(1) be the greater of:
(A) fifteen thousand dollars ($15,000) for each acre or part
of an acre covered by the hazardous waste landfill or solid
waste landfill; or
(B) an amount determined by the commissioner that is
sufficient to close the hazardous waste landfill or solid waste
landfill in a manner that:
(i) minimizes the need for further maintenance; and
(ii) provides reasonable, foreseeable, and necessary
maintenance during postclosure; and
(2) provide assurance of proper postclosure maintenance and
monitoring for at least thirty (30) years after the hazardous
waste landfill or solid waste landfill has ceased operations. As added by P.L.1-1996, SEC.12.
IC 13-22-9-5 Amount necessary for transfer station
Sec. 5. The amount of financial responsibility a person must
establish under section 1 of this chapter for a transfer station must:
(1) be the greater of:
(A) four thousand dollars ($4,000) for each acre or part of an
acre covered by the transfer station; or
(B) an amount determined by the commissioner that is
sufficient to close the transfer station in a manner that:
(i) minimizes the need for further maintenance; and
(ii) provides reasonable, foreseeable, and necessary
maintenance during postclosure; and
(2) provide assurance of proper postclosure maintenance for
one (1) year after the transfer station has ceased operations. As added by P.L.1-1996, SEC.12.
IC 13-22-9-6 Closure or postclosure costs; source upon noncompliance
Sec. 6. The commissioner may use:
(1) a trust fund agreement;
(2) a surety bond;
(3) a letter of credit; or
(4) an insurance policy;
required under this chapter for the closure or postclosure monitoring
and maintenance of a hazardous waste landfill, solid waste landfill,
or transfer station if the person that files the trust fund agreement,
surety bond, letter of credit, or insurance policy does not comply
with closure or postclosure requirements. As added by P.L.1-1996, SEC.12.
IC 13-22-9-7 Rules; criteria
Sec. 7. The board shall adopt rules under IC 4-22-2 and
IC 13-14-8 to do the following:
(1) Implement this chapter.
(2) Establish criteria to determine the following:
(A) When the closure and postclosure monitoring and
maintenance requirements have been met by a person that
provides financial responsibility under section 1 of this
chapter.
(B) How money in a trust fund agreement, surety bond, letter
of credit, or insurance policy provided by a person under
section 3 of this chapter may be released to the person when
the person meets closure and postclosure requirements. As added by P.L.1-1996, SEC.12.
IC 13-22-9-8 Closure and postclosure costs; financial responsibility;
self-insurance
Sec. 8. (a) A municipal corporation that owns or operates a solid
waste landfill that:
(1) is used exclusively to dispose of ash; and
(2) complies with construction standards established under:
(A) the federal Resource Conservation and Recovery Act (42
U.S.C. 6901 et seq.); and
(B) regulations adopted under the federal Resource
Conservation and Recovery Act in effect January 1, 1991;
is not required to establish financial responsibility for the costs of
closure and postclosure monitoring and maintenance of the solid
waste landfill under this chapter if the fiscal body of the municipal
corporation adopts a resolution in which the fiscal body elects to
practice self-insurance with respect to those costs and commits to the
expeditious transfer of money to cover closure and postclosure costs.
(b) A fiscal body adopting a resolution referred to in subsection
(a) is not required to:
(1) set aside financial resources for meeting the costs referred
to in subsection (a) when the resolution is adopted; or
(2) indicate in the resolution whether financial resources will be
set aside to meet those costs.
(c) The amounts set forth in sections 4 through 5 of this chapter
do not apply to the practice of self-insurance by a municipal
corporation under this section if the fiscal body of the municipal
corporation determines in the resolution adopted under this section
that the program of self-insurance established by the resolution is
adequate to meet the costs of:
(1) closure; and
(2) postclosure monitoring and maintenance;
of the solid waste landfill owned or operated by the municipal
corporation. As added by P.L.1-1996, SEC.12.
IC 13-22-9
Chapter 9. Financial Responsibility for Operators of Hazardous
Waste Landfills, Solid Waste Landfills, and Transfer Stations
IC 13-22-9-1 Prerequisite for permit
Sec. 1. Except as provided in section 8 of this chapter, a person
that applies for a permit to operate a:
(1) hazardous waste landfill;
(2) solid waste landfill; or
(3) transfer station;
must establish financial responsibility for the costs of closure and
postclosure monitoring and maintenance of the hazardous waste
landfill, solid waste landfill, or transfer station. As added by P.L.1-1996, SEC.12.
IC 13-22-9-2 Extent
Sec. 2. The financial responsibility established under section 1 of
this chapter must cover the costs of:
(1) properly closing, in an environmentally sound manner; and
(2) during postclosure, monitoring and maintaining;
the hazardous waste landfill, solid waste landfill, or transfer station. As added by P.L.1-1996, SEC.12.
IC 13-22-9-3 Establishment
Sec. 3. Financial responsibility may be established under section
1 of this chapter by filing one (1) or a combination of the following
with the commissioner:
(1) Trust fund agreement.
(2) Surety bond with a standby trust fund agreement.
(3) Letter of credit with a standby trust fund agreement.
(4) Insurance policy with a standby trust fund agreement.
(5) If the person applying for a permit derives less than fifty
percent (50%) of the person's gross revenue from waste
management, proof that the person meets a financial test
established by the board. As added by P.L.1-1996, SEC.12.
IC 13-22-9-4 Amount necessary for landfill
Sec. 4. The amount of financial responsibility a person must
establish under section 1 of this chapter for a hazardous waste
landfill or a solid waste landfill must:
(1) be the greater of:
(A) fifteen thousand dollars ($15,000) for each acre or part
of an acre covered by the hazardous waste landfill or solid
waste landfill; or
(B) an amount determined by the commissioner that is
sufficient to close the hazardous waste landfill or solid waste
landfill in a manner that:
(i) minimizes the need for further maintenance; and
(ii) provides reasonable, foreseeable, and necessary
maintenance during postclosure; and
(2) provide assurance of proper postclosure maintenance and
monitoring for at least thirty (30) years after the hazardous
waste landfill or solid waste landfill has ceased operations. As added by P.L.1-1996, SEC.12.
IC 13-22-9-5 Amount necessary for transfer station
Sec. 5. The amount of financial responsibility a person must
establish under section 1 of this chapter for a transfer station must:
(1) be the greater of:
(A) four thousand dollars ($4,000) for each acre or part of an
acre covered by the transfer station; or
(B) an amount determined by the commissioner that is
sufficient to close the transfer station in a manner that:
(i) minimizes the need for further maintenance; and
(ii) provides reasonable, foreseeable, and necessary
maintenance during postclosure; and
(2) provide assurance of proper postclosure maintenance for
one (1) year after the transfer station has ceased operations. As added by P.L.1-1996, SEC.12.
IC 13-22-9-6 Closure or postclosure costs; source upon noncompliance
Sec. 6. The commissioner may use:
(1) a trust fund agreement;
(2) a surety bond;
(3) a letter of credit; or
(4) an insurance policy;
required under this chapter for the closure or postclosure monitoring
and maintenance of a hazardous waste landfill, solid waste landfill,
or transfer station if the person that files the trust fund agreement,
surety bond, letter of credit, or insurance policy does not comply
with closure or postclosure requirements. As added by P.L.1-1996, SEC.12.
IC 13-22-9-7 Rules; criteria
Sec. 7. The board shall adopt rules under IC 4-22-2 and
IC 13-14-8 to do the following:
(1) Implement this chapter.
(2) Establish criteria to determine the following:
(A) When the closure and postclosure monitoring and
maintenance requirements have been met by a person that
provides financial responsibility under section 1 of this
chapter.
(B) How money in a trust fund agreement, surety bond, letter
of credit, or insurance policy provided by a person under
section 3 of this chapter may be released to the person when
the person meets closure and postclosure requirements. As added by P.L.1-1996, SEC.12.
IC 13-22-9-8 Closure and postclosure costs; financial responsibility;
self-insurance
Sec. 8. (a) A municipal corporation that owns or operates a solid
waste landfill that:
(1) is used exclusively to dispose of ash; and
(2) complies with construction standards established under:
(A) the federal Resource Conservation and Recovery Act (42
U.S.C. 6901 et seq.); and
(B) regulations adopted under the federal Resource
Conservation and Recovery Act in effect January 1, 1991;
is not required to establish financial responsibility for the costs of
closure and postclosure monitoring and maintenance of the solid
waste landfill under this chapter if the fiscal body of the municipal
corporation adopts a resolution in which the fiscal body elects to
practice self-insurance with respect to those costs and commits to the
expeditious transfer of money to cover closure and postclosure costs.
(b) A fiscal body adopting a resolution referred to in subsection
(a) is not required to:
(1) set aside financial resources for meeting the costs referred
to in subsection (a) when the resolution is adopted; or
(2) indicate in the resolution whether financial resources will be
set aside to meet those costs.
(c) The amounts set forth in sections 4 through 5 of this chapter
do not apply to the practice of self-insurance by a municipal
corporation under this section if the fiscal body of the municipal
corporation determines in the resolution adopted under this section
that the program of self-insurance established by the resolution is
adequate to meet the costs of:
(1) closure; and
(2) postclosure monitoring and maintenance;
of the solid waste landfill owned or operated by the municipal
corporation. As added by P.L.1-1996, SEC.12.
IC 13-22-9
Chapter 9. Financial Responsibility for Operators of Hazardous
Waste Landfills, Solid Waste Landfills, and Transfer Stations
IC 13-22-9-1 Prerequisite for permit
Sec. 1. Except as provided in section 8 of this chapter, a person
that applies for a permit to operate a:
(1) hazardous waste landfill;
(2) solid waste landfill; or
(3) transfer station;
must establish financial responsibility for the costs of closure and
postclosure monitoring and maintenance of the hazardous waste
landfill, solid waste landfill, or transfer station. As added by P.L.1-1996, SEC.12.
IC 13-22-9-2 Extent
Sec. 2. The financial responsibility established under section 1 of
this chapter must cover the costs of:
(1) properly closing, in an environmentally sound manner; and
(2) during postclosure, monitoring and maintaining;
the hazardous waste landfill, solid waste landfill, or transfer station. As added by P.L.1-1996, SEC.12.
IC 13-22-9-3 Establishment
Sec. 3. Financial responsibility may be established under section
1 of this chapter by filing one (1) or a combination of the following
with the commissioner:
(1) Trust fund agreement.
(2) Surety bond with a standby trust fund agreement.
(3) Letter of credit with a standby trust fund agreement.
(4) Insurance policy with a standby trust fund agreement.
(5) If the person applying for a permit derives less than fifty
percent (50%) of the person's gross revenue from waste
management, proof that the person meets a financial test
established by the board. As added by P.L.1-1996, SEC.12.
IC 13-22-9-4 Amount necessary for landfill
Sec. 4. The amount of financial responsibility a person must
establish under section 1 of this chapter for a hazardous waste
landfill or a solid waste landfill must:
(1) be the greater of:
(A) fifteen thousand dollars ($15,000) for each acre or part
of an acre covered by the hazardous waste landfill or solid
waste landfill; or
(B) an amount determined by the commissioner that is
sufficient to close the hazardous waste landfill or solid waste
landfill in a manner that:
(i) minimizes the need for further maintenance; and
(ii) provides reasonable, foreseeable, and necessary
maintenance during postclosure; and
(2) provide assurance of proper postclosure maintenance and
monitoring for at least thirty (30) years after the hazardous
waste landfill or solid waste landfill has ceased operations. As added by P.L.1-1996, SEC.12.
IC 13-22-9-5 Amount necessary for transfer station
Sec. 5. The amount of financial responsibility a person must
establish under section 1 of this chapter for a transfer station must:
(1) be the greater of:
(A) four thousand dollars ($4,000) for each acre or part of an
acre covered by the transfer station; or
(B) an amount determined by the commissioner that is
sufficient to close the transfer station in a manner that:
(i) minimizes the need for further maintenance; and
(ii) provides reasonable, foreseeable, and necessary
maintenance during postclosure; and
(2) provide assurance of proper postclosure maintenance for
one (1) year after the transfer station has ceased operations. As added by P.L.1-1996, SEC.12.
IC 13-22-9-6 Closure or postclosure costs; source upon noncompliance
Sec. 6. The commissioner may use:
(1) a trust fund agreement;
(2) a surety bond;
(3) a letter of credit; or
(4) an insurance policy;
required under this chapter for the closure or postclosure monitoring
and maintenance of a hazardous waste landfill, solid waste landfill,
or transfer station if the person that files the trust fund agreement,
surety bond, letter of credit, or insurance policy does not comply
with closure or postclosure requirements. As added by P.L.1-1996, SEC.12.
IC 13-22-9-7 Rules; criteria
Sec. 7. The board shall adopt rules under IC 4-22-2 and
IC 13-14-8 to do the following:
(1) Implement this chapter.
(2) Establish criteria to determine the following:
(A) When the closure and postclosure monitoring and
maintenance requirements have been met by a person that
provides financial responsibility under section 1 of this
chapter.
(B) How money in a trust fund agreement, surety bond, letter
of credit, or insurance policy provided by a person under
section 3 of this chapter may be released to the person when
the person meets closure and postclosure requirements. As added by P.L.1-1996, SEC.12.
IC 13-22-9-8 Closure and postclosure costs; financial responsibility;
self-insurance
Sec. 8. (a) A municipal corporation that owns or operates a solid
waste landfill that:
(1) is used exclusively to dispose of ash; and
(2) complies with construction standards established under:
(A) the federal Resource Conservation and Recovery Act (42
U.S.C. 6901 et seq.); and
(B) regulations adopted under the federal Resource
Conservation and Recovery Act in effect January 1, 1991;
is not required to establish financial responsibility for the costs of
closure and postclosure monitoring and maintenance of the solid
waste landfill under this chapter if the fiscal body of the municipal
corporation adopts a resolution in which the fiscal body elects to
practice self-insurance with respect to those costs and commits to the
expeditious transfer of money to cover closure and postclosure costs.
(b) A fiscal body adopting a resolution referred to in subsection
(a) is not required to:
(1) set aside financial resources for meeting the costs referred
to in subsection (a) when the resolution is adopted; or
(2) indicate in the resolution whether financial resources will be
set aside to meet those costs.
(c) The amounts set forth in sections 4 through 5 of this chapter
do not apply to the practice of self-insurance by a municipal
corporation under this section if the fiscal body of the municipal
corporation determines in the resolution adopted under this section
that the program of self-insurance established by the resolution is
adequate to meet the costs of:
(1) closure; and
(2) postclosure monitoring and maintenance;
of the solid waste landfill owned or operated by the municipal
corporation. As added by P.L.1-1996, SEC.12.
