Section 329IAC11.5-7-1. Closure

   (a) The owner or operator must notify the commissioner in writing at least fourteen (14) days before the date when the registered facility permanently ceases accepting biomass or appropriate feedstock.

  (b) All biomass, appropriate feedstock, reusable byproduct, and residue must be:

(1) removed from the:

(A) building;

(B) containers;

(C) storage areas;

(D) lagoons;

(E) tanks; and

(F) vehicles; and

(2) disposed of according to 329 IAC 11.5-7-2 [section 2 of this rule];

within sixty (60) days of the registered facility no longer accepting biomass and appropriate feedstock. Facilities that have a confined feeding operation (CFO) approval or a concentrated animal feeding operation (CAFO) permit and that cease processing biomass are required to comply with that permit or approval.

  (c) Any contaminants resulting from the storage or processing of biomass, appropriate feedstock, reusable byproduct, or residue that are above risk based standards under IC 13-25-5-8.5 must be contained, removed and disposed of according to 329 IAC 11.5-7-2 [section 2 of this rule]. This requirement does not include any contaminants that the owner or operator can demonstrate were existing before the storage or processing of biomass or appropriate feedstock.

  (d) A registered facility must be certified closed under subsection (e) after all biomass, appropriate feedstock, and residue are removed and disposed.

  (e) The owner or operator must send a certification statement indicating that the requirements of this section have been met to the commissioner within thirty (30) days after completion of the closure.

  (f) After the closure certification is deemed adequate by the commissioner, the owner or operator of the registered facility is released from the obligation of maintaining financial assurance. (Solid Waste Management Division; 329 IAC 11.5-7-1; filed Mar 14, 2013, 2:57 p.m.: 20130410-IR-329090193FRA)