[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: 40CFR258.73]



[Page 428-429]

 

                   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



[[Page 429]]



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 

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).