[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR6.10]

[Page 49-50]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 6--SOLID WASTE DISPOSAL SITES IN UNITS OF THE NATIONAL PARK 
SYSTEM--Table of Contents
 
Sec. 6.10  Financial assurance.

    (a) The Regional Director will not require a bond or security 
deposit for a solid waste disposal site for which the operator has 
established a bond under 40 CFR 258.74(b).
    (b) The Regional Director will not require a bond or security 
deposit for a solid waste disposal site whose owner or operator is a 
State entity whose debts and liabilities are the debts and liabilities 
of a State.

[[Page 50]]

    (c) Upon approval of a request to operate a new, or continue an 
existing, solid waste disposal site, an operator who is not described in 
paragraphs (a) or (b) of this section must file with the Regional 
Director a suitable performance bond with satisfactory surety, payable 
to the Secretary of the Interior or the Secretary's designee. The bond 
must be conditioned upon faithful compliance with all applicable laws 
and regulations, and the permit requirements as approved. When bonds are 
to serve as security, an operator must provide a power of attorney to 
the Secretary or the Secretary's designee. The bond must be issued by a 
surety company listed and approved by the Department of the Treasury.
    (d) In lieu of a performance bond, an operator may deposit with the 
Secretary or the Secretary's designee cash or negotiable bonds of the 
United States Government. The cash deposit or the market value of such 
securities must be at least equal to the required sum of the bond(s).
    (e) The bond or security deposit will be established by the Regional 
Director in an amount equal to the estimated cost to accomplish all 
closure and post-closure care requirements as described in 40 CFR part 
258, subpart F, but in no case less than $25,000.
    (f) The responsibility and liability of the operator (and the 
surety, if any) under the bond or security deposit must continue until 
the Regional Director determines that closure and post- closure care 
have been completed in accordance with the permit requirements. No 
portion of the performance bond or security deposit may be released 
until such a determination has been made.
    (g) Within 30 calendar days after the Regional Director determines 
that all closure and post-closure care requirements have been 
successfully completed according to the permit, the Regional Director 
will notify the operator (and the surety, if any) that liability under 
the bond or security deposit has been terminated and the bond or 
security deposit released.