Section 329IAC1-2-7. Cost recovery

   (a) In accordance with IC 13-14-2-9(d), the applicant shall reimburse the department for the administrative and personnel expenses incurred by the department in evaluating a proposed modification or termination of a restrictive covenant under this rule.

  (b) Administrative expenses must include any expense to the department related to the review of the modification or termination request that would not have otherwise been incurred by the department.

  (c) The department shall charge personnel expenses at seventy-five (75) dollars per hour of time a department employee expends in evaluating the proposed modification or termination request.

  (d) The department shall send an invoice to the owner for personnel and administrative costs to the department.

  (e) Failure to reimburse the department for expenses incurred by the department in evaluating a proposed modification or termination of a restrictive covenant under this rule may result in:

(1) denial of the modification or termination; or

(2) legal action under IC 13-14-2-6.

(Solid Waste Management Division; 329 IAC 1-2-7; filed Apr 28, 2016, 3:41 p.m.: 20160525-IR-329140254FRA)

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