(A) Heretofore on or about January 6, 1988, the state has heretofore promulgated and adopted certain revised solid waste articles as specifically and completely set forth in 329 I.A.C. §§ 2 et seq.
(B) The Board of Commissioners of the county does hereby adopt in its totality Rule 12 of the revised solid waste article, the rule dealing with financial responsibility. The rule was authorized by I.C. 13-1-12-8 and I.C. 13-7-7-5, and has affected I.C. 13-1-3, I.C. 13-7 and I.C. 36-9-30 . This rule in its entirety regarding financial responsibility is specifically and completely set forth in 329 I.A.C. 2-12, and is applicable to the county landfill disposal facility as that facility is required to have a permit as specified in 329 I.A.C. 2-8-1 on and after September 1, 1988.
(C) The County Commissioners, in adopting Rule 12 regarding financial responsibility, do hereby agree to the following proposals as set forth in the rule: establish financial assurance for closure of the facility as set forth in 329 I.A.C. 2-12-2, regarding the establishment of a trust fund, security bond, letter of credit, insurance and adopt a financial test, if applicable, to the county landfill. Furthermore, the County Commissioners specifically adopt the financial responsibility for and the establishment of financial assurance for post-closure care of the facility, including, but not necessarily limited to, the establishment of a trust fund, security bond, letter of credit, insurance and the establishment of a financial test, if applicable, to the county landfill.
(D) The County Commissioners do further specifically adopt § 7 of the rule/regulation regarding the requirement that they notify the Commissioner by certified mail of the commencement of a voluntary or involuntary proceeding under U.S.C. Title 11, naming permittee as debtor with ten days after commencement of proceeding; do furthermore agree that they shall abide by any penalty for failure to fund financial responsibility as set out in the section; to further agree to abide by § 8 of the rule and regulation regarding further penalty for any failure to obtain, maintain or fund any financial assurance mechanism as required by this rule within the prescribed time limits which shall be deemed to endanger human health and environment and be sufficient cause for the immediate revocation of the county landfill facilities permit and final closure.
(E) This section shall be in full force and effect from and after its date of passage by a majority vote of the quorum present on the date of the County Commissioners and the County Highway Department, the county entity which operates the county landfill, as well as the County Auditor is hereby ordered and directed to comply with the provisions of this section as herein above set forth and adopted this date, as the ordinance furthermore adopts Rule 12 of 329 I.A.C. §§ 2 et seq., all as specifically set forth in 329 I.A.C. 2-12-1 as promulgated by the state, and adopted by the state on or about January 6, 1988.
(Ord. 1-88, passed 4-18-1988)