Section 329IAC10-37-4. Closure plan

   (a) Owners or operators of a restricted waste site Type III and a construction/demolition site shall have a written closure plan. The closure plan must be submitted with the permit application in accordance with 329 IAC 10-11 and be approved by the commissioner as part of the permit. The approved closure plan will become a condition of the permit.

  (b) The closure plan, certified by a registered professional engineer, must identify the steps necessary to completely close the restricted waste site Type III or construction/demolition site at any point during its intended life in accordance with section 1 of this rule. 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 facility in accordance with section 1 of this rule.

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

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

(A) the total time required to close the facility; and

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

(4) An estimate of the cost per acre of providing final cover and vegetation. Such cost must be that which is necessary for providing the following, but must not be less than five thousand dollars ($5,000) per acre:

(A) Two (2) feet of compacted clay soil.

(B) Six (6) inches of topsoil.

(C) Vegetation.

(D) Certification of closure, including any testing necessary for such certification.

(5) The closure plan must separately identify any closure costs for items other than providing final cover and vegetation.

(6) The closure plan must list a closure cost estimate equal to the costs specified by subdivision (5) plus the product of the total area of the site permitted for filling and the cost per unit area specified by subdivision (4). Closure costs must be calculated based on the cost necessary for the work to be performed by a third party.

(7) The estimate of the cost per acre of providing final cover and vegetation must be that necessary for providing the activities as specified in the closure plan; however, the sum of the closure cost estimate and post-closure cost estimate must not be less than fifteen thousand dollars ($15,000) per acre or fraction of an acre covered by the permitted facility.

(8) If the restricted waste site Type III or the construction/demolition site 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 facility, the plan must specify the maximum area of the facility into which solid waste will have been deposited through that year of the facility's life and must delineate such areas on the copy of the facility's final contour map. The closure plan must list closure cost estimates for each year of the anticipated life of the facility equal to the costs specified by subdivision (5), plus the product of the noted maximum areas of the site and the cost per unit area specified by subdivision (4).

(Solid Waste Management Division; 329 IAC 10-37-4; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1916; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Feb 9, 2004, 4:51 p.m.: 27 IR 1863, eff Apr 1, 2004; readopted filed May 14, 2007, 1:53 p.m.: 20070523-IR-329070138BFA; readopted filed Jul 29, 2013, 9:20 a.m.: 20130828-IR-329130179BFA)