Haw. Code R. § 11-264-144 - Cost estimate for post-closure care
(a) The owner or
operator of a disposal surface impoundment, disposal miscellaneous unit, land
treatment unit, or landfill unit, or of a surface impoundment or waste pile
required under sections 11-264-228 and 11-264-258 to prepare a contingent
closure and post-closure plan, must have a detailed written estimate, in
current dollars, of the annual cost of post-closure monitoring and maintenance
of the facility in accordance with the applicable post-closure regulations in
sections 11-264-117 through 11-264-120, 11-264-228, 11-264-258, 11-264-280,
11-264-310, and 11-264-603.
(1) The
post-closure cost estimate must be based on the costs to the owner or operator
of hiring a third party to conduct post-closure care activities. A third party
is a party who is neither a parent nor a subsidiary of the owner or operator.
(See definition of parent corporation in subsection 11-264-141(d).)
(2) The post-closure cost estimate is
calculated by multiplying the annual post-closure cost estimate by the number
of years of post-closure care required under section 11-264-117.
(b) During the active life of the
facility, the owner or operator must adjust the post-closure cost estimate for
inflation within sixty days prior to the anniversary date of the establishment
of the financial instrument(s) used to comply with section 11-264-145. For
owners or operators using the financial test or corporate guarantee, the
post-closure cost estimate must be updated for inflation within thirty days
after the close of the firm's fiscal year and before the submission of updated
information to the director as specified in paragraph 11-264-145(f)(5). The
adjustment may be made by recalculating the post-closure cost estimate in
current dollars or by using an inflation factor derived from the most recent
Implicit Price Deflator for Gross National Product published by the U.S.
Department of Commerce in its Survey of Current Business as specified in
paragraphs 11-264-145(b)(1) and (2). The inflation factor is the result of
dividing the latest published annual Deflator by the Deflator for the previous
year.
(1) The first adjustment is made by
multiplying the post-closure cost estimate by the inflation factor. The result
is the adjusted post-closure cost estimate.
(2) Subsequent adjustments are made by
multiplying the latest adjusted post-closure cost estimate by the latest
inflation factor.
(c)
During the active life of the facility, the owner or operator must revise the
post-closure cost estimate within thirty days after the director has approved
the request to modify the post-closure plan, if the change in the post-closure
plan increases the cost of post-closure care. The revised post-closure cost
estimate must be adjusted for inflation as specified in subsection
11-264-144(b).
(d) The owner or
operator must keep the following at the facility during the operating life of
the facility: The latest post-closure cost estimate prepared in accordance with
subsections 11-264-144(a) and (c) and, when this estimate has been adjusted in
accordance with subsection 11-264-144(b), the latest adjusted post-closure cost
estimate.
Notes
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