[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR258.71]



[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.  258.71  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



[[Page 428]]



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 by 

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



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