[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: 40CFR258.72]



[Page 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.  258.72  Financial assurance for post-closure care.



    (a) The owner or operator must have a detailed written estimate, in 

current dollars, of the cost of hiring a third party to conduct post-

closure care for the MSWLF unit in compliance with the post-closure plan 

developed under Sec.  258.61 of this part. The post-closure cost 

estimate used to demonstrate financial assurance in paragraph (b) of 

this section must account for the total costs of conducting post-closure 

care, including annual and periodic costs as described in the post-

closure plan over the entire post-closure care period. The owner or 

operator must notify the State Director that the estimate has been 

placed in the operating record.

    (1) The cost estimate for post-closure care must be based on the 

most expensive costs of post-closure care during the post-closure care 

period.

    (2) During the active life of the MSWLF unit and during the post-

closure care period, the owner or operator must annually adjust the 

post-closure cost estimate for inflation.

    (3) The owner or operator must increase the post-closure care cost 

estimate and the amount of financial assurance provided under paragraph 

(b) of this section if changes in the post-closure plan or MSWLF unit 

conditions increase the maximum costs of post-closure care.

    (4) The owner or operator may reduce the post-closure cost estimate 

and the amount of financial assurance provided under paragraph (b) of 

this section if the cost estimate exceeds the maximum costs of post-

closure care remaining over the post-closure care period. The owner or 

operator must notify the State Director that the justification for the 

reduction of the post-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, in a 

manner in accordance with Sec.  258.74, financial assurance for the 

costs of post-closure care as required under Sec.  258.61 of this part. 

The owner or operator must provide continuous coverage for post-closure 

care until released from financial assurance requirements for post-

closure care by demonstrating compliance with Sec.  258.61(e).