Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 10 - SOLID WASTE LAND DISPOSAL FACILITIES › Rule 23 - Municipal Solid Waste Landfills; Post-Closure Requirements › Section 23-2 - Post-closure duties

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3
Affected: IC 13-20; IC 36-9-30
Sec. 2.
(a) The
				owner, operator, or permittee of an MSWLF has the following duties after
				closure:
(1) Post-closure activities must be
				performed in accordance with the approved post-closure plan as specified in
				section 3 of this rule.
(2)
				Inspection of the MSWLF at least twice per year with a written report on the
				condition of the MSWLF to be submitted to the commissioner.
(3) Maintenance of the integrity of the
				geomembrane cap, if applicable, and the minimum thickness of final cover and
				vegetation as required by 329 IAC 10-20 and 329 IAC 10-22 or as approved by the
				commissioner.
(4) Maintenance of
				the final contours of the MSWLF in accordance with the applicable standards of
				329 IAC 10-20 and 329 IAC 10-22 and, at a minimum, to provide that no ponding
				of water occurs on filled areas.
(5) Control of any vegetation on vehicular
				access ways to monitoring wells as required by
				329 IAC
				10-20-2(d).
(6) Control of vegetation at the MSWLF as
				necessary to enable determination of the need for slope and cover maintenance
				and leachate outbreak abatement.
(7) Maintenance of access control and
				benchmarks at the MSWLF.
(8)
				Maintenance and monitoring of the dike or dikes required under
				329 IAC
				10-16-2.
(9) If ownership of the land or MSWLF changes
				at any time during the post-closure period, the new owner must have a written
				agreement with the past owner which states the new owner will monitor and
				maintain the dike or dikes required by
				329 IAC
				10-16-2 during the subsequent post-closure
				period.
(10) Maintenance and
				monitoring of leachate collection and treatment systems and methane control
				systems.
(11) Control of any
				leachate or gas generated at the MSWLF as required by 329 IAC 10-20.
(12) Erosion and sediment control measures
				must be instituted to comply with
				329
				IAC 10-20-12.
(13) An MSWLF that closes:
(A) prior to the effective date required by
				40 CFR 258 for the MSWLF units' ground water monitoring, must continue to
				monitor ground water as required by the rules in force at the time the facility
				entered into post-closure;
(B) on
				or after the effective date required by 40 CFR 258 for the MSWLF units' ground
				water monitoring, must monitor ground water after April 13, 1996, as required
				by 329 IAC 10-21; or
(C) under any
				other article is required to follow the:
(i)
				post-closure plan as required by the rules in force at the time the MSWLF
				entered into post-closure; or
(ii)
				rules in force at the time the MSWLF entered into post-closure if the rules in
				force do not require a post-closure plan.
(14) In addition to the corrective action
				program required by the rules under which the facility closed, the commissioner
				may require performance of corrective action measures within
				329 IAC
				10-21-13 if the MSWLF:
(A) closed prior to April 13, 1996;
(B) is monitoring ground water in accordance
				with the rules in force at the time the MSWLF entered into post-closure;
				and
(C) finds a corrective action
				program is applicable under the rules in force at the time the MSWLF entered
				post-closure.