Sec. 3. (a) Before allowing the operation of a landfill for the disposal of hazardous waste, the commissioner and all the owners of the land upon which the landfill is located must execute and record a restrictive covenant upon the land involved. The department shall file the instrument imposing the restrictive covenant for record in the recorder’s office in the county in which the landfill is located.

     (b) The covenant must state that:

(1) the land has been or may be used as a landfill for disposal of hazardous waste; and

(2) neither the property owners, agents, or employees, nor any of their heirs, successors, lessees, or assignees, may engage in filling, grading, excavating, building, drilling, or mining on the property following the completion and closure of the landfill without authorization of the commissioner.

     (c) Before the commissioner grants an authorization for the activities prohibited in the covenant, the commissioner shall review the following:

(1) The original design of the landfill.

(2) The type of operation.

(3) The hazardous waste deposited there.

(4) The state of decomposition of the hazardous wastes.

[Pre-1996 Recodification Citation: 13-7-8.5-5(d).]

As added by P.L.1-1996, SEC.12.