Section 329IAC11-16-3. Closure and post-closure requirements

   (a) The permittee shall notify the department when the facility closes. The final closure of the facility shall be initiated within seventy-two (72) hours after receiving the final volume of waste. The following closure activities shall be performed at the facility during closure:

(1) Notification of all affected parties that the facility is closed. A sign that includes the name and address of the nearest landfill or other processing facility accepting solid waste must be posted.

(2) Removal of all solid waste stored at the facility. The solid waste must be properly disposed of at a permitted facility. All storage containers and recyclable waste must be removed.

(3) Cleanup of tipping floor and solid waste storage areas so the facility is free of solid waste and contaminated liquids.

(4) Removal of wastewater holding tanks, if applicable. The wastewater must be pumped out and properly disposed of in accordance with local, state, and federal laws.

(5) Cleanup of septic tank, if applicable.

(6) Cleanup of sediment pond, if applicable. Dredging of sediments may be required.

  (b) Solid waste that contains any significant putrescible component or any other waste that may create pollution shall be removed from the facility within two (2) days of initiation of the facility final closure. All other closure activities shall be completed within ninety (90) days of initiation of the closure activities.

  (c) The permittee shall submit to the department, within thirty (30) days of completion of closure, a closure certification signed by the permittee that specifically identifies the closed facility and documents that the closure was performed in accordance with the closure plan. The certification shall include the facility contact person's name, address, and telephone number during the post-closure period.

  (d) The closure will be deemed adequate unless, within ninety (90) days of receipt of the certification required in subsection (c), the department issues a request for additional information for closure, including the following:

(1) Additional action that needs to be taken.

(2) The timetable for the necessary additional action.

  (e) The permittee shall perform post-closure for one (1) year at the facility following completion of closure activities. The following duties shall be implemented after closure of the facility has been certified and deemed adequate by the department:

(1) Minimizing the need for further maintenance.

(2) Controlling the post-closure escape of contaminants to:

(A) the ground surface;

(B) surface waters;

(C) ground waters; or

(D) the atmosphere.

(3) At a minimum, remaining in compliance with all applicable requirements of a permit issued under this article.

(4) Inspecting the facility semiannually and submitting a written inspection report on the condition of the facility to the department within thirty (30) days of the inspection.

(5) Maintaining the facility's surface water run-off controls as applicable.

(6) Maintaining access control.

(7) Removing any solid waste that may be illegally dumped at the closed facility.

  (f) The duties described in subsection (e) may be modified by the commissioner based on the use of the property during the post-closure period.

  (g) Within thirty (30) days of completion of the post-closure, the permittee shall submit a certification statement signed by the permittee that the post-closure requirements have been met. The post-closure certification will be deemed adequate unless within ninety (90) days of receipt of the certification, the department issues a request for additional information for post-closure, including action necessary to correct the deficiency.

  (h) Subsequent to the completion of post-closure, the:

(1) owner or operator of a closed facility; or

(2) the owner of the property on which a closed facility is located;

shall be responsible for immediately correcting and controlling any nuisance occurring at the facility. (Solid Waste Management Division; 329 IAC 11-16-3; filed Jun 28, 2010, 2:11 p.m.: 20100728-IR-329060070FRA; readopted filed Jun 6, 2016, 11:52 a.m.: 20160706-IR-329160144BFA.1)