Indiana § 13-22-9-8 - Closure and postclosure costs; financial responsibility; self-insurance

§ 13-22-9-8. Closure and postclosure costs; financial responsibility; self-insurance

Sec. 8. (a) A municipal corporation that owns or operates a solid waste landfill that:

(1) is used exclusively to dispose of ash; and

(2) complies with construction standards established under:

(A) the federal Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.); and

(B) regulations adopted under the federal Resource Conservation and Recovery Act in effect January 1, 1991;

is not required to establish financial responsibility for the costs of closure and postclosure monitoring and maintenance of the solid waste landfill under this chapter if the fiscal body of the municipal corporation adopts a resolution in which the fiscal body elects to practice self-insurance with respect to those costs and commits to the expeditious transfer of money to cover closure and postclosure costs.

(b) A fiscal body adopting a resolution referred to in subsection (a) is not required to:

(1) set aside financial resources for meeting the costs referred to in subsection (a) when the resolution is adopted; or

(2) indicate in the resolution whether financial resources will be set aside to meet those costs.

(c) The amounts set forth in sections 4 through 5 of this chapter do not apply to the practice of self-insurance by a municipal corporation under this section if the fiscal body of the municipal corporation determines in the resolution adopted under this section that the program of self-insurance established by the resolution is adequate to meet the costs of:

(1) closure; and

(2) postclosure monitoring and maintenance;

of the solid waste landfill owned or operated by the municipal corporation.

[Pre-1996 Recodification Citation: 13-7-32-9.]

As added by P.L.1-1996, SEC.12.

IC 13-22-10Chapter 10. Hazardous or Low Level Radioactive Waste Facility Site Approval

13-22-10-1Repealed 13-22-10-2Repealed 13-22-10-3Repealed 13-22-10-4Repealed 13-22-10-5Approval of construction 13-22-10-6Repealed 13-22-10-7Repealed 13-22-10-8Repealed 13-22-10-9Repealed 13-22-10-10Repealed 13-22-10-11Repealed 13-22-10-12Repealed 13-22-10-13Repealed 13-22-10-14Repealed 13-22-10-15Repealed 13-22-10-16Repealed 13-22-10-17Repealed 13-22-10-18Repealed 13-22-10-19Repealed 13-22-10-20Repealed 13-22-10-21Repealed 13-22-10-22Repealed 13-22-10-23Effects of granting certificate; limitations of local government