§ 13-22-3-3 — Restrictive covenants

(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).]

Legislative History

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