Section 329 IAC 10-4-4 - Owner responsibilitiesAuthority: IC 13-14-8-7; IC 13-15-2-1; IC 13-19-3-1
Affected: IC 13-18; IC 13-25-4-7; IC 13-25-4-8; IC 13-30-2; IC 36-9-30
Sec. 4.
(a) The owner of real estate upon which an open dump is located is responsible for the following: (1) Correcting and controlling any nuisance conditions that occur as a result of the open dump. Correction and control of nuisance conditions must include: (A) removal of all solid waste from the area of the open dump and disposal of such wastes in a solid waste land disposal facility permitted to accept the waste; or(B) other methods as approved by the commissioner.(2) Eliminating any threat to human health or the environment.(b) If the commissioner determines that the open dump is or may be a threat to human health or the environment due to a release of contaminants from the open dump into the environment, the commissioner may proceed under IC 13-25-4 and rules adopted under IC 13-25-4-7 that require the owner of real estate upon which an open dump is located or any other responsible persons under IC 13-25-4-8, to perform remedial action, including the installation and monitoring of ground water monitoring wells or other devices.Solid Waste Management Board; 329 IAC 10-4-4; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1797; filed Mar 19, 1998, 11:07 a.m.: 21 IR 2750; filed Aug 2, 1999, 11:50 a.m.: 22 IR 3777; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535