Ariz. Admin. Code § R18-13-1020 - Financial Assurance Requirements

A. The owner or operator of a CCR unit shall submit both of the following for each CCR unit within 180 days of CCR program approval:

1. The latest demonstration of financial responsibility made for the CCR facility under 18 A.A.C. 9, Article 2.

2. If not already submitted with a permit application before CCR program approval, the following third-party cost estimates that are representative of regional fair market costs for each CCR unit at the facility within 180 days after CCR program approval:

a. The estimate for the Cost of Facility Closure that meets the requirements in 40 CFR §§ 257.102 and 257.103, consistent with the closure plans submitted thereunder;

b. The estimate for the Cost to Ensure Proper Post-Closure Care according to 40 CFR § 257.104, consistent with the post-closure plan submitted thereunder;

c. The estimate for the Cost to Perform Corrective Action as a result of any known releases from the facility as provided under 40 CFR §§ 257.97 and 257.98 and any compliance schedules in the facility permit.

B. A CCR facility that submits a demonstration under subsection (A)(1) shall update that demonstration to comply with subsection (A)(2) before a CCR facility permit is issued. The owner or operator shall demonstrate financial assurance for the total amounts in subsection (A)(2) using one or more mechanisms in Article 17 of this Chapter.

C. The cost estimates shall be dated and updated every 3 years and as necessary whenever closure plans or post-closure plans are amended pursuant to §§ 257.102(b)(3) or 257.104(d)(3), or corrective action costs are changed under § 257.98.

Notes

Ariz. Admin. Code § R18-13-1020

New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.