Section 329IAC10-16-2. Flood plain and floodway siting restrictions

   (a) This section applies to:

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

(2) MSWLFs permitted under 329 IAC 1.5, which was repealed in 1989, or 329 IAC 2, which was repealed in 1996.

  (b) Applicants for new MSWLFs and lateral expansions that are applying for a permit under this article or MSWLFs permitted under 329 IAC 1.5, which was repealed in 1989, or 329 IAC 2, which was repealed in 1996, must not locate any MSWLF unit within the MSWLFs in either of the following:

(1) A one hundred (100) year flood plain, unless the applicant demonstrates that the MSWLF unit:

(A) will not restrict the flow of the one hundred (100) year flood;

(B) will not reduce the temporary water storage capacity of the flood plain;

(C) is constructed with a dike that:

(i) prevents washout of solid waste;

(ii) has a top elevation not less than three (3) feet above the base flood elevation; and

(iii) meets the requirements of subsection (c).

(2) A floodway:

(A) with drainage areas greater than one (1) square mile, without the approval of the department of natural resources; or

(B) with drainage areas less than or equal to one (1) square mile without provisions to prevent the washout of municipal solid waste.

  (c) A dike constructed as a requirement of this section must be owned by the owner of the MSWLF or the owner must submit to the commissioner a signed written agreement with the owner of the dike that is required by this section, which will allow the MSWLF owner, operator, or permittee to monitor and maintain the dike during the life of the MSWLF and post-closure period. (Solid Waste Management Division; 329 IAC 10-16-2; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1827; errata filed Apr 4, 1996, 4:00 p.m.: 19 IR 2046; filed Mar 19, 1998, 11:07 a.m.: 21 IR 2769; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3808)