49-770

49-770. Financial assurance requirements for
solid waste facilities

A. Beginning one hundred eighty days after the effective date of the design and
operation rules adopted by the director for that type of solid waste facility pursuant to
section 49-761, a solid waste facility may not be operated unless financial
responsibility has been demonstrated for the costs of closure, postclosure care, if
necessary, and any corrective action as a result of known releases from the
facility. Financial assurance for municipal solid waste landfills shall be required
pursuant to section 49-761, subsection B. This subsection applies to small municipal
solid waste landfills on October 9, 1997. For all other municipal solid waste landfills,
this subsection shall apply on September 1, 1997 unless the director establishes an
alternative date pursuant to section 49-761, subsection B on a facility specific basis.

B. Within one hundred eighty days after the effective date of the design and
operation rules adopted by the director for that type of solid waste facility pursuant to
section 49-761, existing solid waste facilities shall modify and submit existing facility
plans to the department to demonstrate the financial responsibility required by this
section. A solid waste facility in operation before the effective date of the design and
operation rules adopted by the director for that type of solid waste facility pursuant to
section 49-761 may continue to operate while the department reviews the modified plan.

C. A demonstration of financial responsibility made for a solid waste facility
under chapter 2, article 3 of this title shall suffice, in whole or in part, for any
demonstration of financial responsibility prescribed by this section. A demonstration of
financial assurance or competence required under this section or under chapter 2, article
3 of this title for a solid waste facility shall not be required prior to completion of
construction but shall be required before the department issues approval to operate.

D. The terms and conditions adopted by the director for each financial assurance
mechanism shall provide:

1. The amount in current dollars equal to the cost of hiring a third party to
complete site closure and, if necessary, continued postclosure monitoring and maintenance
consistent with the plan and any factor to be applied for inflation. Amounts shall be
updated annually for landfills and every three years for all other solid waste facilities
to adjust for inflation or as necessary to reflect increased costs resulting from changes
to the facility plan or facility conditions.

2. The period after closure for which financial assurance is required.

E. The approved financial assurance mechanism shall not be released unless the plan
specified closure and postclosure requirements have been completed or unless new
financial assurance has been submitted by a new owner or operator of the solid waste
facility and approved by the director. The owner or operator of the solid waste
facility:

1. Shall receive any accrued interest on financial assurance instruments retained
by the department.

2. May request a reduction in financial assurance requirements on completion of
closure or portions of postclosure monitoring and maintenance that are approved by the
director.

3. Shall justify any reduction in closure or postclosure cost estimates in the
facility plan.

4. Shall assure that the period of coverage of the financial assurance instrument
exceeds by a minimum of ninety days the applicable one or three year time period required
in subsection D of this section.

5. Shall be released from closure or postclosure financial responsibility on
certification by a registered professional engineer or other environmental professional
deemed acceptable by the director that the specific activities of closure or postclosure
have been completed in accordance with the approved facility plan and placed in the
operating record of the facility plan.