329 IAC 3.1-14-4 Financial assurance for closure and corrective action; approach options

Sec. 4. An owner or operator of each facility shall establish financial assurance for closure or corrective action, or both, of the facility, in accordance with the following: (1) The owner or operator shall choose from the financial assurance options specified in sections 5 through 9 of this rule to establish financial assurance for corrective action. (2) The owner or operator shall establish financial assurance for closure of a facility that is subject to this rule. (3) The owner or operator shall establish financial assurance for corrective action of a facility that meets the following criteria: (A) The facility is subject to corrective action under 42 U.S.C. 6928(h) or IC 13-22-13. (B) The commissioner requires the establishment of financial assurance for corrective action, based on one (1) or more of the following: (i) After the implementation of interim measures for corrective action, the owner or operator has not attained the cleanup goal. (ii) Corrective action requires a long-term remedy that may include engineering controls as a component of an environmental restrictive covenant. (iii) An order requires financial assurance for corrective action.