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.