329 Ind. Admin. Code 10-39-2

Current through December 12, 2024

Section 329 IAC 10-39-2 - Closure; financial responsibility

Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3

Affected: IC 8-1-2; IC 8-1-13; IC 13-20; IC 36-9-30

Sec. 2.

(a) The permittee shall establish financial responsibility for closure of all the permitted acreage for the solid waste land disposal facility before waste placement, except as provided in subsection (b). The permittee shall choose from the following options:

(1) The trust fund option, including the following:

(A) The permittee may satisfy the requirements of this section by doing as follows:

(i) Establish a trust agreement on forms approved by the commissioner.

(ii) Submit an original signed copy of the trust agreement to the commissioner.

(B) All trust agreements must contain the following:

(i) Identification of solid waste land disposal facilities and corresponding closure cost estimates covered by the trust agreement.

(ii) The establishment of a trust fund in the amount determined by subsection (b) and guarantee payments from that fund either:

(AA) reimbursing the permittee for commissioner-approved closure work done; or

(BB) making payments to the commissioner for accomplishing required closure work.

(iii) The requirement for annual valuations of the trust to be submitted to the commissioner.

(iv) The requirement for successor trustees to notify the commissioner, in writing, of their appointment at least ten (10) days before the appointment becoming effective.

(v) The requirement for the trustee to notify the commissioner, in writing, of the failure of the permittee to make a required payment into the fund.

(vi) A provision that the trust is irrevocable unless terminated, in writing, with the approval of the:

(AA) permittee;

(BB) trustee; and

(CC) commissioner.

(vii) A certification that the signatory of the trust agreement for the permittee was duly authorized to bind the permittee.

(viii) A notarization of all signatures by a notary public commissioned to be a notary public in the state where notarization occurs at the time of notarization.

(ix) The requirement that the trustee is:

(AA) authorized to act as a trustee; and

(BB) an entity whose operations are regulated and examined by a federal agency or state agency.

(x) The requirement for:

(AA) initial payment into the fund be made within thirty (30) days of the commissioner's approval of the trust agreement; and

(BB) any subsequent payments be made annually not later than June 15.

(2) The surety bond option, including the following:

(A) The permittee may satisfy the requirements of this section by doing as follows:

(i) Establish a surety bond on forms approved by the commissioner.

(ii) Submit an original signed copy of the surety bond to the commissioner.

(B) Choose from one (1) of the following types of surety bonds:

(i) A financial guarantee surety bond.

(ii) A performance surety bond.

(C) All surety bonds must contain the following:

(i) The establishment of penal sums in the amount determined by subsection (b).

(ii) If a performance surety bond is established, provision that the surety company shall do either of the following:

(AA) Perform the permittee's closure obligations upon notice from the commissioner that the permittee has failed to do so.

(BB) Comply with the requirements in item (v).

(iii) Provision that the surety company may not cancel the bond without first sending notice of cancellation by certified mail to the permittee and the commissioner at least one hundred twenty (120) days before the effective date of the cancellation.

(iv) Provision that the permittee may not terminate the bond without prior written authorization by the commissioner.

(v) Provision that, upon written notice from the commissioner that the permittee has failed to fulfill the closure obligations for the facility, the surety company shall do either of the following:

(AA) Deposit the amount that provides for closure into a standby trust fund, as directed by the commissioner.

(BB) If the financial assurance amount is less than twenty thousand dollars ($20,000) and a standby trust fund is not established, submit all payments directly to the department for the purpose of accomplishing required closure work.

(vi) Provision that the permittee shall establish a standby trust fund in accordance with clause (D) if the permittee's total financial assurance obligations for all facilities using the surety bond or letter-of-credit to establish financial assurance are twenty thousand dollars ($20,000) or more.

(D) If the financial assurance amount determined under this rule is twenty thousand dollars ($20,000) or more, the permittee shall establish a standby trust fund in accordance with the requirements of subdivision (1) to be utilized in the event the:

(i) permittee fails to fulfill closure obligations; and

(ii) bond guarantee is exercised.

Under the terms of the bond, all payments made if the bond is utilized must be deposited by the surety company directly into the standby trust fund in accordance with instructions from the commissioner.

(E) The surety company issuing the bond must be:

(i) among those listed as acceptable sureties for federal bonds in Circular 570* of the United States Department of the Treasury; and

(ii) authorized to do business in Indiana.

(F) The surety company is not liable for deficiencies in the performance of closure by the permittee after the commissioner releases the permittee in accordance with section 6 of this rule.

(3) The letter-of-credit option, including the following:

(A) The permittee may satisfy the requirements of this section by doing as follows:

(i) Establish a letter-of-credit on forms approved by the commissioner.

(ii) Submit an original signed copy of the letter-of-credit to the commissioner.

(B) All letters of credit must contain the following:

(i) The establishment of credit in the amount determined by subsection (b).

(ii) Irrevocability.

(iii) An effective period of at least one (1) year and automatic extensions for periods of at least one (1) year unless the issuing institution provides written notification of cancellation by certified mail to both the permittee and the commissioner at least one hundred twenty (120) days before the effective date of cancellation.

(iv) Provision that, upon written notice from the commissioner that the permittee has failed to fulfill the closure obligations for the facility, the institution issuing the letter-of-credit shall do either of the following:

(AA) Deposit funds equal to the amount of the letter-of-credit into a standby trust fund to be used to ensure the permittee's closure obligations are fulfilled.

(v) Provision that the permittee shall establish a standby trust fund in accordance with clause (C) if the permittee's total financial assurance obligations for all facilities using the letter-of-credit or surety bond to establish financial assurance are twenty thousand dollars ($20,000) or more.

(C) If the financial assurance amount determined under this rule is twenty thousand dollars ($20,000) or more, the permittee shall establish a standby trust fund in accordance with the requirements of subdivision (1) to be utilized in the event the:

(i) permittee fails to fulfill its closure obligations; and

(ii) letter-of-credit is utilized.

Under the terms of the letter-of-credit, all amounts paid pursuant to a commissioner's request in the event the permittee fails to fulfill its closure obligations must be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the commissioner.

(D) The issuing institution must be an entity:

(i) that has the authority to issue letters of credit; and

(ii) whose letters of credit operations are regulated and examined by a federal agency or state agency.

(4) The insurance option, including the following:

(A) The permittee may satisfy the requirements of this section by doing as follows:

(i) Provide evidence of insurance on forms approved by the commissioner.

(ii) Submit a certificate of closure insurance to the commissioner.

(B) All insurance must include the following:

(i) Be in the amount determined by subsection (b).

(ii) Provide that, upon written notification to the insurer by the commissioner that the permittee has failed to perform final closure, the insurer shall make payments:

(AA) in any amount, not to exceed the amount insured; and

(BB) to any person authorized by the commissioner.

(iii) Provide that the permittee shall maintain the policy in full force and effect unless the commissioner consents in writing to termination of the policy.

(iv) Provide for assignment of the policy to a transferee permittee.

(v) Provide that the insurer may not cancel, terminate, or fail to renew the policy except for failure of the permittee to pay the premium. No policy may:

(AA) be canceled;

(BB) be terminated; or

(CC) fail to be renewed; unless at least one hundred twenty (120) days before the event the commissioner and the permittee are notified by the insurer in writing.

(C) In one (1) or more states, the insurer shall either be:

(i) licensed to transact the business of insurance; or

(ii) eligible to provide insurance as an excess or surplus lines insurer.

(5) The financial test for restricted waste sites option, including the following:

(A) This financial test is only available for restricted waste sites. To be deemed to have established financial responsibility, the permittee must meet one (1) of the following requirements:

(i) All information in clause (B) if the permittee currently has a bond rating issued by Standard and Poor's or Moody's.

(ii) Clause (B)(i) and either clause (B)(ii) or (B)(iii) if the permittee is one (1) of the following:

(AA) A public utility operating in Indiana that is subject to the jurisdiction of the Indiana utility regulatory commission under IC 8-1-2 and remits annual financial information to the commission under IC 8-1-2-16.

(BB) A rural electric membership corporation that is formed and operating under the authority of IC 8-113.

(iii) Clause (B)(i) and (B)(ii) if the permittee currently does not have a bond rating issued by Standard and Poor's or Moody's.

(B) The following criteria must be used to establish financial responsibility:

(i) Less than fifty percent (50%) of the company's gross revenues are derived from waste management.

(ii) The permittee meets the following four (4) tests:

(AA) Two (2) of the following three (3) ratios are met:

(aa) A ratio of total liabilities to net worth less than two (2.0).

(bb) A ratio of the sum of net income plus depreciation, depletion, and amortization to total liabilities greater than one-tenth (0.1).

(cc) A ratio of current assets to current liabilities greater than one and one-half (1.5).

(BB) Net working capital and tangible net worth each at least six (6) times the sum of the current closure and current post-closure cost estimates.

(CC) Tangible net worth of at least ten million dollars ($10,000,000).

(DD) Assets located in the United States amounting to at least ninety percent (90%) of the permittee's total assets or at least six (6) times the sum of the current closure and current post-closure cost estimates.

(iii) The permittee meets the following four (4) tests:

(AA) A current rating for the permittee's most recent bond issuance of AAA, AA, A, or BBB as issued by Standard and Poor's or Aaa, Aa, A, or Baa as issued by Moody's.

(BB) Tangible net worth of at least six (6) times the sum of the current closure and current post-closure cost estimates.

(CC) Tangible net worth of at least ten million dollars ($10,000,000).

(C) To demonstrate the financial test has been met, the permittee shall submit the following documents to the commissioner to establish financial assurance and annually within ninety (90) days after the close of each fiscal year:

(i) A letter signed by the permittee's chief financial officer that:

(AA) demonstrates the applicable criteria have been met; and

(BB) is on forms approved by the commissioner.

(ii) A copy of an independent certified public accountant's report examining the permittee's financial statements for the latest completed fiscal year.

(iii) A special report from the permittee's independent certified public accountant to the permittee stating the following:

(AA) The certified public accountant has compared the data that the letter from the chief financial officer specifies as having been derived from the independently audited, year-end financial statements for the latest fiscal year with the amounts in the financial statements.

(BB) In connection with the procedure in subitem (AA), no matters came to the attention of the certified public accountant that caused the certified public accountant to believe that the specified data should be adjusted.

(D) If at any time the permittee fails to meet the financial test, the permittee shall establish one (1) of the financial assurance mechanisms described in subdivisions (1) through (4) or an alternate mechanism described in clause (G) within one hundred twenty (120) days after the end of the fiscal year for which the year-end financial data shows that the permittee no longer meets the requirements.

(E) The commissioner may disallow use of this test in accordance with the following:

(i) On the basis of qualifications in the opinion expressed in the independent certified public accountant's report examining the permittee's financial statements. An adverse opinion or a disclaimer of opinion will be cause for disallowance.

(ii) Other qualifications may be cause for disallowance if, in the opinion of the commissioner, they indicate the permittee does not meet the requirements of this subdivision.

The permittee shall establish one (1) of the financial assurance mechanisms described in subdivisions (1) through (4) or an alternate mechanism described in clause (G) within thirty (30) days after notification of the disallowance.

(F) If a permittee using clause (B)(iii) for the financial test has a current bond rating of BBB- as issued by Standard and Poor's or Baa3 as issued by Moody's for the permittee's most recent bond issuance, the commissioner may request that the permittee submit the following information to the department on a quarterly basis until the bond rating is upgraded:

(i) The current bond rating of the most recent issuance.

(ii) The name of the rating service.

(iii) The date of issuance of the bond.

(iv) The date of maturity of the bond.

(v) The last credit rating action.

(vi) An explanation of any events, such as a decrease in the bond ratings or inclusion on a negative credit watch list.

On the basis of the submitted information, if the commissioner finds that the permittee no longer meets the restricted waste financial test requirements, the permittee shall establish alternate financial assurance in accordance with clause (D).

(G) A permittee may propose a financial assurance mechanism for restricted waste sites other than those listed in subdivisions (1) through (4) and clauses (A) through (F) in accordance with the following:

(i) The permittee shall demonstrate to the satisfaction of the commissioner that the proposed mechanism provides equivalent or greater financial responsibility for closure of all the permitted acreage than the listed mechanisms.

(ii) Any proposed mechanism is subject to the approval of the commissioner.

(6) The local government financial test option, including the following:

(A) This financial test is only available for permittees that are local governments. As used in this subdivision, "local government" means a county, municipality, township, or solid waste management district.

(B) A local government permittee that satisfies the following requirements may demonstrate financial assurance up to the amount specified in clause (C):

(i) The local government permittee shall meet the following financial component requirements:

(AA) The local government permittee shall satisfy the following as applicable:

(aa) If the local government permittee has outstanding, rated general obligation bonds that are not secured by insurance, a letter-of-credit, or other collateral or guarantee, the local government permittee shall have on all the general obligation bonds a current rating of:

(1) AAA, AA, A, or BBB as issued by Standard and Poor's; or

(2) Aaa, Aa, A, or Baa as issued by Moody's.

(bb) The local government permittee shall satisfy the following financial ratios based on the local government permittee's most recent audited annual financial statement:

(1) A ratio of cash plus marketable securities to total expenditures greater than or equal to five-hundredths (0.05).

(2) A ratio of annual debt service to total expenditures less than or equal to two-tenths (0.20).

(BB) The local government permittee shall:

(aa) prepare the local government permittee's financial statements in conformity with generally accepted accounting principles (GAAP) for governments; and

(bb) have the financial statements audited by an independent certified public accountant or the state board of accounts.

(CC) A local government permittee is not eligible to assure the local government permittee's obligations under this subdivision if any of the following applies to the local government permittee:

(aa) The local government permittee is currently in default on any outstanding general obligation bonds.

(bb) The local government permittee has any outstanding general obligation bonds rated lower than BBB as issued by Standard and Poor's or Baa as issued by Moody's.

(cc) The local government permittee has operated at a deficit equal to five percent (5%) or more of total annual revenue in each of the past two (2) fiscal years.

(dd) The local government permittee receives an adverse opinion, disclaimer of opinion, or other qualified opinion from the independent certified public accountant or the state board of accounts auditing its financial statement as required under subitem (BB). The commissioner may evaluate qualified opinions on a case-by-case basis and allow use of the financial test in cases where the commissioner deems the qualification insufficient to warrant disallowance of use of the test.

(DD) As used in this subdivision, the following terms apply:

(aa) "Cash plus marketable securities" means all the cash plus marketable securities held by the local government permittee on the last day of a fiscal year, excluding cash and marketable securities designated to satisfy past obligations, such as pensions.

(bb) "Debt service" means the amount of principal and interest due on a loan in a given time period, typically the current year.

(cc) "Deficit" means total annual revenues minus total annual expenditures.

(dd) "Total expenditures" means all expenditures, excluding capital outlays and debt repayment.

(ee) "Total revenues" means revenues from all taxes and fees but does not include the proceeds from borrowing or asset sales, excluding revenues from funds managed by the local government permittee on behalf of a specific third party.

(EE) If the local government permittee has a current bond rating of BBB- as issued by Standard and Poor's or Baa3 as issued by Moody's for the permittee's most recent bond issuance, the commissioner may request that the permittee submit the following information to the department on a quarterly basis until the bond rating is upgraded:

(aa) The current bond rating of the most recent issuance.

(bb) The name of the rating service.

(cc) The date of issuance of the bond.

(dd) The date of maturity of the bond.

(ee) The last credit rating action.

(ff) An explanation of any events, such as a decrease in the bond ratings or inclusion on a negative credit watch list.

On the basis of the submitted information, if the commissioner finds that the local government permittee no longer meets the local government financial test requirements, the permittee shall provide alternate financial assurance in accordance with item (iii)(EE) of this clause.

(ii) The local government permittee shall meet the following public notice component requirements:

(AA) The local government permittee shall place a reference to the closure and post-closure care costs assured through the financial test into the local government permittee's next comprehensive annual financial report (CAFR) at the time of the next required local government financial test annual submittal or before the initial receipt of waste at the facility, whichever is later. Disclosure must include the following:

(aa) Nature and source of closure and post-closure care requirements.

(bb) Reported liability at the balance sheet date.

(cc) Estimated total closure and post-closure care cost remaining to be recognized.

(dd) Percentage of landfill capacity used to date.

(ee) Estimated landfill life in years.

(BB) A reference to corrective action costs must be placed in the CAFR not later than one hundred twenty (120) days after the corrective action remedy has been selected in accordance with the requirements of 329 IAC 10-21-13.

(CC) For the first year the financial test is used to assure costs at a particular facility, the reference may instead be placed in the facility's operating record until issuance of the next available CAFR if timing does not permit the reference to be incorporated into the most recently issued CAFR or budget.

(DD) For closure and post-closure costs, conformance with Government Accounting Standards Board Statement 18**, issued August 1993, meets the requirements of subitems (AA) through (CC).

(iii) The local government permittee shall meet the following record keeping and reporting requirements:

(AA) The local government permittee shall place the following documentation in the facility's operating record:

(aa) A letter signed by the local government permittee's chief financial officer that meets the following:

(1) Lists all of the current cost estimates covered by a financial test as described in clause (C).

(2) Provides evidence and certifies that the local government permittee meets the conditions of item (i)(AA) through (i)(CC).

(3) Certifies that the local government permittee meets the conditions of item (ii) and clause (C).

(4) Is on forms approved by the commissioner.

(bb) The local government permittee's independently audited year-end financial statements for the latest fiscal year, except for local government permittees where audits are required every two (2) years when unaudited statements may be used in years when audits are not required, including the unqualified opinion of the auditor, who shall be an independent certified public accountant, or the state board of accounts that conducts equivalent comprehensive audits.

(cc) A report to the local government permittee from the local government permittee's independent certified public accountant or the state board of accounts based on performing an agreed upon procedures engagement relative to the:

(1) financial ratios required by item (i)(AA)(bb); and

(2) requirements of item (i)(BB), (i)(CC)(cc), and (i)(CC)(dd).

The independent certified public accountant's or state board of accounts' report must state the procedures performed and the findings.

(dd) A copy of the CAFR used to comply with item (ii) or certification that the requirements of General Accounting Standards Board Statement 18**, issued August 1993, have been met.

(BB) The documentation required in subitem (AA) must be placed in the facility operating record as follows:

(aa) In the case of closure and post-closure care, either at the time of the next required local government financial test annual submittal or before the initial receipt of waste at the facility, whichever is later.

(bb) In the case of corrective action, not later than one hundred twenty (120) days after the corrective action remedy is selected in accordance with the requirements of 329 IAC 10-21-13.

(CC) After the initial placement of the documentation required in subitem (AA) in the facility's operating record and within one hundred eighty (180) days following the close of the local government permittee's fiscal year, the local government permittee shall:

(aa) update the information; and

(bb) place the updated information in the operating record.

(DD) The local government permittee is no longer required to meet the requirements of this item when either the local government permittee:

(aa) substitutes alternate financial assurance in accordance with this rule; or

(bb) is released from the requirements of this rule in accordance with section 6 or 11 of this rule.

(EE) A local government permittee shall satisfy the requirements of the financial test at the close of each fiscal year. If the local government permittee no longer meets the requirements of the local government financial test, the local government permittee shall, within one hundred twenty (120) days following the close of the local government permittee's fiscal year, complete the following:

(aa) Obtain alternative financial assurance that meets the requirements of this rule.

(bb) Place the required submissions for that assurance in the facility's operating record.

(cc) Notify the commissioner that the local government permittee no longer meets the criteria of the financial test and that alternate assurance has been obtained.

(FF) The commissioner, based on a reasonable belief that the local government permittee may no longer meet the requirements of the local government financial test, may require additional reports of financial condition from the local government permittee at any time. If the commissioner finds, on the basis of the reports or other information, that the local government permittee no longer meets the requirements of the local government financial test, the local government permittee shall provide alternate financial assurance in accordance with subitem (EE).

(GG) The commissioner may disallow use of this test in accordance with the following:

(aa) On the basis of qualifications in the opinion expressed in the state board of accounts' annual financial audit of the local government permittee. An adverse opinion or a disclaimer of opinion is cause for disallowance.

(bb) Other qualifications may be cause for disallowance if, in the opinion of the commissioner, the qualifications indicate the local government permittee does not meet the requirements of this subdivision.

(HH) The local government permittee shall choose an alternate financial responsibility mechanism within ninety (90) days after notification of the disallowance in subitem (GG).

(C) The local government permittee shall complete the calculation of costs to be assured. The portion of the closure, post-closure, and corrective action costs for which a local government permittee can assure under this subdivision is determined as follows:

(i) If the local government permittee does not assure other environmental obligations through a financial test, the local government permittee may assure closure, post-closure, and corrective action costs that equal up to forty-three percent (43%) of the local government permittee's total annual revenue.

(ii) If the local government permittee assures other environmental obligations through a financial test, including those associated with:

(AA) underground injection control (UIC) facilities under 40 CFR 144.62;

(BB) petroleum underground storage tank facilities under 329 IAC 9-8;

(CC) polychlorinated biphenyls (PCB) storage facilities under 40 CFR 761; or

(DD) hazardous waste treatment, storage, and disposal facilities under 329 IAC 3.1-14 or 329 IAC 3.115; the local government permittee shall add those costs to the closure, post-closure, and corrective action costs the local government permittee seeks to assure under this subdivision. The total assured amount may not exceed forty-three percent (43%) of the local government permittee's total annual revenue.

(iii) The local government permittee shall obtain an alternate financial assurance instrument for those costs that exceed the limits set in this clause.

(7) The local government guarantee option, including the following:

(A) A permittee may demonstrate financial assurance for closure, post-closure, and corrective action, as required by this section and sections 3 and 10 of this rule, as follows:

(i) Obtain a written guarantee provided by a local government.

(ii) Submit an original signed copy of the written guarantee to the commissioner.

(B) The guarantor shall meet the requirements of the local government financial test in subdivision (6) and shall comply with the terms of a written guarantee as follows:

(i) The guarantee must be effective:

(AA) before the initial receipt of waste or at the time of the next required local government financial test annual submittal, whichever is later, in the case of closure and post-closure care; or

(BB) not later than one hundred twenty (120) days after the corrective action remedy has been selected in accordance with the requirements of 329 IAC 10-21-13.

(ii) The guarantee must provide the following:

(AA) If the permittee fails to perform any combination of closure, post-closure care, or corrective action of a facility covered by the guarantee, the guarantor shall:

(aa) perform or pay a third party to perform any combination of closure, post-closure care, or corrective action as required under this subitem; or

(bb) establish a fully funded trust fund in accordance with subdivision (1) in the name of the permittee.

(BB) The guarantee will remain in force unless the guarantor sends notice of cancellation by certified mail to the permittee and to the commissioner. Cancellation must not occur during the one hundred twenty (120) days beginning on the date of receipt of the notice of cancellation by both the permittee and the commissioner as evidenced by the return receipts.

(CC) If a guarantee is canceled under subitem (BB), the permittee shall, within ninety (90) days following receipt of the cancellation notice by the permittee and the commissioner, complete the following:

(aa) Obtain alternate financial assurance under this rule.

(bb) Place evidence of that alternate financial assurance in the facility operating record.

(cc) Notify the commissioner.

(DD) If the permittee fails to provide alternate financial assurance within the ninety (90) day period under subitem (CC), the guarantor shall complete the following:

(aa) Provide alternate assurance within one hundred twenty (120) days following the guarantor's notice of cancellation.

(bb) Place evidence of the alternate assurance in the facility operating record.

(cc) Notify the commissioner.

(C) The permittee shall complete the following record keeping and reporting requirements:

(i) The permittee shall place a certified copy of the guarantee along with the documentation required under subdivision (6)(B)(iii) into the facility's operating record:

(AA) before the initial receipt of waste or at the time of the next required local government financial test annual submittal, whichever is later, in the case of closure and post-closure care; or

(BB) not later than one hundred twenty (120) days after the corrective action remedy has been selected in accordance with 329 IAC 10-21-13.

(ii) The permittee is no longer required to maintain the documentation specified in this clause when the permittee:

(AA) substitutes alternate financial assurance in accordance with this rule; or

(BB) is released from the requirements of this rule in accordance with section 6 or 11 of this rule.

(iii) If a local government guarantor no longer meets the requirements of subdivision (6), the permittee shall, within ninety (90) days, complete the following:

(AA) Obtain alternative assurance.

(BB) Place evidence of the alternate assurance in the facility operating record.

(CC) Notify the commissioner.

(iv) If the permittee fails to obtain alternate financial assurance within the ninety (90) day period required in item (iii), the guarantor shall provide that alternate assurance within the next thirty (30) days.

(b) The following requirements apply to determining the financial responsibility closure cost estimate:

(1) For purposes of establishing financial responsibility under subsection (a), the permittee shall have a detailed written estimate of the cost of closing the facility based on the following:

(A) The applicable closure costs derived under:

(i)329 IAC 10-22-2(c);

(ii)329 IAC 10-30-4(b); or

(iii)329 IAC 10-37-4(b).

(B) One (1) of the closure cost estimating standards under subdivision (2).

(2) The permittee shall use one (1) of the following closure cost estimating standards:

(A) The entire solid waste land disposal facility closure standard is an amount that equals the estimated total cost of closing the entire solid waste land disposal facility, less an amount representing portions of the solid waste land disposal facility that have been certified for partial closure in accordance with:

(i)329 IAC 10-22-3;

(ii)329 IAC 10-30-5; or

(iii)329 IAC 10-37-5.

(B) The incremental closure standard is an amount that, for any year of operation, equals the total cost of closing the portion of the solid waste land disposal facility dedicated to the current year of solid waste land disposal facility operation, plus all closure amounts from all other partially or completely filled portions of the solid waste land disposal facility from prior years of operation that have not yet been certified for partial closure in accordance with:

(i)329 IAC 10-22-3;

(ii)329 IAC 10-30-5; or

(iii)329 IAC 10-37-5.

(c) Until final closure of the solid waste land disposal facility is certified, the permittee shall annually review and submit to the commissioner the financial closure cost estimate derived under this section, not later than June 15 of each year, in accordance with the following:

(1) The submittal must include a copy of the existing contour map of the solid waste land disposal facility that delineates the boundaries of all areas into which waste has been placed as of the annual review and certified by a registered professional engineer or registered land surveyor.

(2) As part of the annual review, the permittee shall revise the closure estimate by making an inflation adjustment using an inflation factor derived from the annual implicit price deflator for gross national product as published by the United States Department of Commerce in its Survey of Current Business***. The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year as follows:

(A) The first revision is made by multiplying the original closure cost estimate by the inflation factor. The result is the revised closure cost estimate.

(B) Subsequent revisions are made by multiplying the latest revised closure cost estimate by the latest inflation factor.

(3) The permittee shall revise the closure cost estimate not later than thirty (30) days after the commissioner has approved changes to the closure plan if the changes increase the cost of closure. The revised closure cost estimate must be adjusted annually for inflation in accordance with subdivision (2).

(d) The permittee shall update the amount of financial assurance provided in the financial assurance instrument within sixty (60) days after the revision to the closure cost estimate required under subsection (c)(3).

(e) The permittee may revise the closure cost estimate downward whenever:

(1) a change in the closure plan decreases the cost of closure; or

(2) portions of the solid waste land disposal facility have been certified for partial closure under:

(A)329 IAC 10-22-3;

(B)329 IAC 10-30-5; or

(C)329 IAC 10-37-5.

*This document is available for viewing at https://www.fiscal.treasury.gov/surety-bonds/circular-570.html and may be obtained from the United States Department of the Treasury, Bureau of the Fiscal Service, Surety Bond Program, 3700 East West Highway, Room 6D22, Hyattsville, MD 20782.

**This document is incorporated by reference. This document is available for viewing at https://www.gasb.org/page/PageContent?pageId=/standards-guidance/pronouncements.html, may be obtained from Governmental Accounting Standards Board, 401 Merritt 7, P.O. Box 5116, Norwalk, CT 06856-5116, and is available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204

***This document is available for viewing at https://apps.bea.gov/scb/ and may be obtained from the United States Department of Commerce, Bureau of Economic Analysis, 4600 Silver Hill Road, Suitland, MD 20746.

329 IAC 10-39-2

Solid Waste Management Division; 329 IAC 10-39-2; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1919; filed Mar 19, 1998, 11:07 a.m.: 21 IR 2817; filed Feb 26, 1999, 5:45 p.m.: 22 IR 2228; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3866; errata filed Sep 8, 1999, 11:38 a.m.: 23 IR 27; filed Feb 9, 2004, 4:51 p.m.: 27 IR 1864, eff Apr 1, 2004; filed Jul 10, 2007, 2:26 p.m.: 20070808-IR-329050167FRA; filed May 14, 2014, 11:02 a.m.: 20140611-IR-329110454FRA; errata filed Aug 6, 2014, 3:12 p.m.: 20140827-IR- 329140303ACA

Errata Filed 2/19/2018, 10:06 a.m: 20180228-IR-329180109ACA

Filed 11/19/2021, 9:03 a.m.: 20211215-IR-329200020FRA

Errata filed 8/30/2022, 10:21 a.m.: 20220907-IR-329220267ACA