Every licensee under this chapter shall:
(A) Facility inspection. Permit all reasonable inspections of the facility and examinations of the books and records pertaining to the operation of the facility by the Board, its authorized agents and all other public authorities so authorized by law;
(B) Monitoring of operation. Provide to the Board on a monthly basis on or before the fifteenth day of each month a verified report to show the volume, nature and sources of incoming wastes from the preceding month in order that the Board may ensure compliance with the provisions of this chapter. The Board or its authorized agents shall not disclose the information contained within the verified report to any person unless the facility’s owner and operator gives written consent to the disclosure. In addition, the monthly report shall include a verification that the daily and final cover requirements of this chapter have been complied with;
(C) Comply with governing law. Ascertain and at all times comply with all laws, ordinances and regulations applicable to the solid waste disposal facility;
(D) Vector control. Maintain an effective program to prevent the harboring, feeding or breeding of vectors. The presence of flies, roaches, mosquitoes, rodents and the immature stages of these and other vectors are inimical to public health. Effective control shall be indicated by the absence of vectors in either the adult or immature stages;
(E) Daily cover. Cover all exposed solid waste by the end of each operating day, regardless of weather. The thickness of the compacted daily cover shall not be less than six inches, after compaction;
(F) Final cover. Apply a final cover of soil as each area within the facility is completed. The compacted final cover shall not be less than two feet in depth, after compaction;
(G) On-site road maintenance. Maintain on-site roads in a manner so as to prevent dust and dirt from being discharged into the air or the tracking of mud or soil materials onto access roads or public highways. The operator of the facility shall maintain equipment to clean transporting vehicles’ wheels prior to exiting the facility, if necessary, and shall maintain equipment required to remove any mud or soil materials that are tracked onto any access road or highway;
(H) Operate only during prescribed times. Confine all operations at the facility to the hours of 9:00 a.m. to 6:00 p.m., Monday through Saturday, with all dumping or depositing of solid waste to cease by 4:00 p.m. and all covering and cleanup operations to cease by 6:00 p.m.;
(I) Display of permit. Post the permit in a conspicuous place within the licensed facility and maintain the permit in that location at all times;
(J) Cease business. Refrain from any type of operational activity at the facility after the expiration of the permit, unless or until a renewal application for the permit has been previously filed and the aforementioned inspection requirements under § 5-2-4-5(A) are pending; and
(K) Performance bond required. Execute a proper performance bond as required in this chapter.
(1) Operation of a solid waste disposal facility necessarily entails the risk of unplanned contamination or pollution of the land, ground water and air in and around the facility by hazardous wastes or by the leaching of contaminants or pollutants. In order to ensure that adequate funds are available for the cleanup and removal of hazardous wastes or other sources of contamination or pollution and to further provide a means of guaranteeing that the costs shall be borne by the responsible party rather than the public, a performance bond shall be required of all facility licensees.
(2) Any person who operates any type of solid waste disposal facility within the City of Lawrence shall execute a performance bond to the State of Indiana, approved by the Board and for the benefit of the City of Lawrence, in the amount of $10,000,000.
(3) The bond must be executed and underwritten by a bonding company licensed to write these bonds in the State of Indiana.
(4) The performance bond must state that it is for the benefit of the citizens of Lawrence, and the bond shall be deposited with the Board.
(5) The performance bond must specify that changes in the state law or local ordinances pertaining to the facilities do not discharge the surety.
(6) The performance bond must specify that payment under the bond shall be made to the City of Lawrence for any and all actual expenses, up to the face amount of the bond, incurred by the City of Lawrence for the cleanup and removal of any hazardous wastes at the facility or for the cleanup and removal of any substances which are proved to be the cause of contamination or pollution of the land, ground water or air in or around the facility. Determination of substances as hazardous wastes, or the finding that solid waste is causing the contamination or pollution of the land, ground water or air in or around the facility shall be made by the Indiana Environmental Management Board based upon tests conducted pursuant to then applicable federal and state statutes and standards for solid or hazardous waste disposal facilities.
(7) The surety of the performance bond may not be released until five years after the complete cessation of all operational activities at the facility.
(8) The performance bond is binding on the owners and operators of the facility, their successors and assigns.