Section 329IAC10-16-5. Seismic impact zone siting restrictions

   (a) This section applies to:

(1) permit applications under this article for new MSWLFs and lateral expansions; or

(2) new MSWLFs permitted under 329 IAC 1.5, which was repealed in 1989, or 329 IAC 2, which was repealed in 1996.

  (b) New MSWLFs and lateral expansions that are to be permitted under this article must not be located in a seismic impact zone unless the applicant submits a demonstration, approved by the commissioner, that the proposed design includes containment structures, liners, leachate collection systems, and surface water control systems that can resist the maximum horizontal acceleration in lithified earth material as defined in 329 IAC 10-2-107 for the site. The demonstration must be submitted with the permit application, in accordance with 329 IAC 10-15-8(a)(19).

  (c) New MSWLFs permitted under 329 IAC 1.5, which was repealed in 1989, or 329 IAC 2, which was repealed in 1996, must not be located in seismic impact zones unless the applicant submits a demonstration, approved by the commissioner, that any MSWLF unit within the MSWLF is constructed with containment structures, liners, leachate collection systems, and surface water control systems that can resist the maximum horizontal acceleration in lithified earth material as defined in 329 IAC 10-2-107 for the site. The demonstration must be submitted with the construction certification report that is required in the MSWLF's permit.

  (d) For all demonstrations, the commissioner may ask for additional information prior to approval or denial of the demonstration. (Solid Waste Management Division; 329 IAC 10-16-5; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1828; errata filed Apr 4, 1996, 4:00 p.m.: 19 IR 2046; filed Mar 19, 1998, 11:07 a.m.: 21 IR 2770; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3809)