[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR258.71]

[Page 418-419]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                   CHAPTER I--ENVIRONMENTAL PROTECTION
                           AGENCY (CONTINUED)
 
PART 258--CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS--Table of Contents
 
                 Subpart G--Financial Assurance Criteria
 
Sec. 258.71  Financial assurance for closure.

    (a) The owner or operator must have a detailed written estimate, in 
current dollars, of the cost of hiring a third party to close the 
largest area of all MSWLF units ever requiring a final cover as required 
under Sec. 258.60 at any time during the active life in accordance with 
the closure plan. The owner or operator must notify the State Director 
that the estimate has been placed in the operating record.
    (1) The cost estimate must equal the cost of closing the largest 
area of all MSWLF unit ever requiring a final cover at any time during 
the active life when the extent and manner of its operation would make 
closure the most expensive, as indicated by its closure plan (see 
Sec. 258.60(c)(2) of this part).
    (2) During the active life of the MSWLF unit, the owner or operator 
must annually adjust the closure cost estimate for inflation.
    (3) The owner or operator must increase the closure cost estimate 
and the amount of financial assurance provided under paragraph (b) of 
this section if changes to the closure plan or MSWLF unit conditions 
increase the maximum cost of closure at any time during the remaining 
active life.
    (4) The owner or operator may reduce the closure cost estimate and 
the amount of financial assurance provided under paragraph (b) of this 
section if the cost estimate exceeds the maximum cost of closure at any 
time during the remaining life of the MSWLF unit. The owner or operator 
must notify the State Director that the justification for the reduction 
of the closure cost estimate and the amount of financial assurance has 
been placed in the operating record.
    (b) The owner or operator of each MSWLF unit must establish 
financial assurance for closure of the MSWLF unit in compliance with 
Sec. 258.74. The owner or operator must provide continuous coverage for 
closure until released from financial assurance requirements

[[Page 419]]

by demonstrating compliance with Sec. 258.60 (h) and (i).

[56 FR 51029, Oct. 9, 1991; 57 FR 28628, June 26, 1992]