Section 329IAC10-22-2. Closure plan

   (a) The owner, operator, or permittee of an MSWLF shall prepare a written closure plan. The plan must be as follows:

(1) Submitted with the permit application in accordance with 329 IAC 10-11.

(2) Approved by the commissioner as part of the permit.

The approved closure plan becomes a condition of the permit upon approval.

  (b) The owner, operator, or permittee of an MSWLF permitted under 329 IAC 1.5, which was repealed in 1989, or 329 IAC 2, which was repealed in 1996, that:

(1) closed on or before January 1, 1998, must close under the MSWLF's existing approved closure plans; or

(2) intend to close after January 1, 1998, must:

(A) revise closure plans to meet the requirements of subsection (c); and

(B) submit the revised plans to the commissioner for approval within six (6) months after April 13, 1996, or the anniversary date of the approved closure plans, whichever is earlier.

  (c) The closure plan must identify the steps necessary to completely close the MSWLF at any point during its active life in accordance with section 1 of this rule. The plan must be certified by a registered professional engineer. The closure plan must include the following:

(1) A description of the steps that will be used to partially close, if applicable, and finally close the MSWLF in accordance with section 1 of this rule.

(2) A listing of labor, materials, and testing necessary to close the MSWLF.

(3) An estimate of the expected year of closure and a schedule for final closure. The schedule must include the following:

(A) The total time required to close the MSWLF.

(B) The time required for completion of intervening closure activities.

(4) An estimate of the maximum inventory of wastes that will be on site over the active life of the MSWLF.

(5) An estimate of the cost per acre of providing final cover and vegetation. The cost must reflect cost necessary to close the MSWLF by the third party as required by the approved plan, but must not be less than the following:

(A) Twenty-one thousand dollars ($21,000) per acre to close MSWLF units that are constructed with only a soil liner.

(B) Seventy-eight thousand seven hundred fifty dollars ($78,750) per acre for MSWLF units that are constructed with a composite bottom liner system.

For an application for a new MSWLF or a major modification submitted on or after April 1, 2005, the owner, operator, or permittee must adjust the minimum closure costs provided in clauses (A) and (B) for inflation, as described in 329 IAC 10-39-2(c)(1).

(6) For new MSWLFs and major modifications, the closure cost estimate must include a ten percent (10%) contingency cost on the total closure cost of the MSWLF.

(7) If the owner, operator, or permittee of an MSWLF utilizes the incremental closure standard, as contained in 329 IAC 10-39-2(b)(3)(B), then for each yearly period following the beginning of operation of the MSWLF, the closure plan must do the following:

(A) Specify the maximum area of the MSWLF into which municipal solid waste will have been deposited through that year of the MSWLF's life.

(B) Delineate the areas on the copy of the facility's final contour map.

(C) List closure cost estimates for each year of the anticipated life of the facility equal to the costs specified by subdivisions (5) and (6).

(8) An estimate of the yearly maintenance costs for a dike or dikes required under 329 IAC 10-16-2.

(9) An estimate of the installation costs for a landfill gas control system must be submitted, if the facility has:

(A) complied with 329 IAC 10-20-25(b); or

(B) obtained a waiver under 329 IAC 10-22-6(c).

(10) A construction quality assurance and construction quality control plan for the construction and installation of the final cover system as required by this rule.

(11) A description of the final cover, designed in accordance with this rule, and the methods and procedures to be used to install the cover.

(12) An estimate of the largest area of the MSWLF ever requiring a final cover as required under this rule at any time during the active life.

(13) If property is used to fulfill or reduce the cost of closure funding, the property must not be sold, relinquished, or used for any other purpose. If the property is proposed to be sold, relinquished, or used for any other purpose, the owner, operator, or permittee shall complete the following requirements:

(A) The closure plan must be:

(i) updated under this section; and

(ii) submitted to the commissioner.

(B) The closure financial responsibility must be:

(i) updated under 329 IAC 10-39; and

(ii) submitted to the commissioner.

(C) The owner, operator, or permittee shall receive approval from the commissioner for the requirements under clauses (A) and (B) before selling, relinquishing, or using the property for any other purpose.

(Solid Waste Management Division; 329 IAC 10-22-2; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1882; errata filed Apr 4, 1996, 4:00 p.m.: 19 IR 2047; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3859; filed Feb 9, 2004, 4:51 p.m.: 27 IR 1855, eff Apr 1, 2004; filed Apr 26, 2007, 9:41 a.m.: 20070523-IR-329050296FRA)