Haw. Code R. § 11-265-144 - Cost estimate for post-closure care
(a) The owner or
operator of a hazardous waste disposal unit 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 11-265-117 through 11-265-120, 11-265-228, 11-265-258,
11-265-280, and 11-265-310.
(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 subsidiary of the owner or operator.
(See definition of parent corporation in subsection 11-265-141(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 11-265-117.
(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 11-265-145. For
owners or operators using the financial test or corporate guarantee, the
post-closure care cost estimate must be updated for inflation no later than
thirty days after the close of the firm's fiscal year and before submission of
updated information to the director as specified in paragraph 11-265-145(d)(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 11-265-145(b)(1) and 11-265-145(b)(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 no later than thirty days after a revision to the
post-closure plan which increases the cost of post-closure care. If the owner
or operator has an approved post-closure plan, the post-closure cost estimate
must be revised no later than thirty days after the director has approved the
request to modify the 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 (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 (a) and (c)
and, when this estimate has been adjusted in accordance with subsection (b),
the latest adjusted post-closure cost estimate.
Notes
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