[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR258.73]

[Page 427-428]
 
                   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. 258.73  Financial assurance for corrective action.

    (a) An owner or operator of a MSWLF unit required to undertake a 
corrective action program under Sec. 258.58 of this part must have a 
detailed written estimate, in current dollars, of the cost of hiring a 
third party to perform the corrective action in accordance with the 
program required under Sec. 258.58 of this part. The corrective action 
cost estimate must account for the total costs of corrective action 
activities as described in the corrective action plan for the entire 
corrective action period. The owner or operator must notify the State 
Director that the estimate has been placed in the operating record.
    (1) The owner or operator must annually adjust the estimate for 
inflation until the corrective action program is completed in accordance 
with Sec. 258.58(f) of this part.
    (2) The owner or operator must increase the corrective action cost 
estimate and the amount of financial assurance provided under paragraph 
(b) of this section if changes in the corrective action program or MSWLF 
unit conditions increase the maximum costs of corrective action.
    (3) The owner or operator may reduce the amount of the corrective 
action cost estimate and the amount of financial assurance provided 
under paragraph (b) of this section if the cost estimate exceeds the 
maximum remaining costs of corrective action. The owner or operator must 
notify the State Director that the justification for the reduction of 
the corrective action cost estimate and the amount of financial 
assurance has been placed in the operating record.
    (b) The owner or operator of each MSWLF unit required to undertake a 
corrective action program under Sec. 258.58 of this part must 
establish, in a manner in accordance with Sec. 258.74, financial 
assurance for the most recent corrective action program. The owner or

[[Page 428]]

operator must provide continuous coverage for corrective action until 
released from financial assurance requirements for corrective action by 
demonstrating compliance with Sec. 258.58 (f) and (g).