Kan. Admin. Regs. § 28-29-2111 - Financial assurance provided by a local government guarantee
(a) Local
government guarantee. Each owner or operator of a municipal solid waste
landfill may satisfy the requirements of K.A.R. 28-29-2101 or K.A.R.
28-29-2102, or both, by obtaining a written guarantee for closure, postclosure,
or corrective action costs, or any combination of these, that is provided by a
local government subdivision of the state of Kansas as specified in this
regulation. The guarantor shall comply with the following:
(1) The requirements of the financial
component for use of the local government financial test as specified in K.A.R.
28-29-2110(b) ;
(2) the public
notice requirements of K.A.R. 28-29-2110(c) ;
(3) the record keeping and reporting
requirements of K.A.R. 28-29-2110(d) ; and
(4) the terms of the guarantee.
(b) Form of the local government
guarantee. The guarantor shall provide a written guarantee that is worded
identically to the document provided by the department.
(c) Effective date of the guarantee. A
guarantee of closure or postclosure, or both, for a new permit shall be in
force before the permit is issued by the department. A guarantee for corrective
action shall be in force within the times specified in K.A.R. 28-29-2102(d).
(d) Record keeping and reporting
requirements. Copies of the guarantee, with original signatures, shall be
placed in the facility operating record of the owner or operator and filed with
the department, with the documents specified for use by the owner or operator
in K.A.R. 28-29-2110(d). The documentation shall be completed using the
financial information and reports of the guarantor. These documents shall be
updated and filed annually.
(e)
Provisions of the guarantee. The terms of the guarantee shall stipulate the
following:
(1) If the owner or operator fails
to perform closure, postclosure, corrective action, or any combination of
these, for the permitted facility covered by the guarantee when required to do
so by the department or a court of competent jurisdiction, the guarantor shall
perform either of the following:
(A) Perform
or pay a third-party to perform closure, postclosure, corrective action, or any
combination of these, as required by the department or any court of competent
jurisdiction; or
(B) establish a
fully funded trust fund as specified in K.A.R. 28-29-2103, in the name of the
owner or operator, in the amount of the current cost estimate for closure,
postclosure, corrective action, or any combination of these, whichever is
greatest.
(2) The
guarantee shall remain in effect unless the guarantor sends notice of
cancellation by certified mail to both the owner or operator and the
department. Cancellation shall not occur, however, during the 120 days
beginning on the date by which both the owner or operator and the department
have received the notice of cancellation, as evidenced by the return receipts.
(3) If the guarantee is canceled,
the owner or operator shall, within 90 days following the date by which both
the owner or operator and the department have received the cancellation notice,
obtain alternate financial assurance as specified in K.A.R. 28-29-2101(b) and
obtain approval from the department. If the owner or operator fails to provide
alternate financial assurance within the 90-day period, the guarantor shall
provide the alternate financial assurance in the name of the owner or operator
within the next 30 days.
(f) Failure of the guarantee. If the local
government guarantor no longer meets the requirements of K.A.R. 28-29-2110(b),
the owner or operator shall, within 90 days, obtain alternate financial
assurance as specified in K.A.R. 28-29-2101(b) and obtain approval from the
department for its use. If the owner or operator fails to provide the alternate
financial assurance within the 90-day period, the guarantor shall, within the
next 30 days, provide the alternate financial assurance in the name of the
owner or operator.
(g) Release of
the guarantee. The owner or operator shall no longer be required to meet the
requirements of this regulation if any of the following occurs:
(1) The owner or operator substitutes an
alternative method of financial assurance as specified in K.A.R. 28-29-2101(b)
and obtains written approval for its use from the department.
(2) The owner or operator is released by the
department from further obligation for closure, postclosure, or both, at the
permitted facility.
(3) The owner
or operator completes the required corrective action and is released from
further obligation by the department or any court of competent jurisdiction.
(h) The provisions of
this regulation shall apply on and after February 24, 2000.
Notes
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