Or. Admin. Code § 340-104-0145 - Financial Assurance for Post-Closure Care

(1) This rule amends the requirements of 40 C.F.R. § 264.145.

(2)

(a) The owner or operator of a disposal facility may choose a cash bond as specified in ORS 466.150(6) or other equivalent financial assurance as specified in 40 C.F.R. Sec. 264.145(a) through (h);

(b) The owner or operator of a treatment or storage facility subject to post-closure monitoring or maintenance requirements must establish financial assurance for post-closure care in accordance with the approved post-closure plan for the facility and must choose one of the options specified in 40 C.F.R. Sec. 264.145(a) through (h).

(3)

(a) If an owner or operator uses the trust fund option specified in 40 C.F.R. Sec. 264.145(a) to establish financial assurance for post-closure care of a facility, the owner or operator must also comply with subsection (3)(b) of this rule;

(b) During the period the current post-closure cost estimate (CE) exceeds the current value of the trust fund (CV), the owner or operator must also establish supplemental financial assurance in the amount CE-CV by choosing one of the options specified in 40 C.F.R. Sec. 264.145(b) to 264.145(f).

(4) The phrase "Except as may be required by 40 C.F.R. Sec. 264.145(f)(11)", is added to the beginning of the first sentence of 40 C.F.R. Sec. 264.145(f)(1).

(5) The phrase "An owner or operator that has a parent corporation may only meet . " replaces the phrase "An owner or operator may meet . " in the first sentence of 40 C.F.R. Sec. 264.145(f)(11).

Notes

Or. Admin. Code § 340-104-0145

DEQ 8-1985, f. & ef. 7-25-85; DEQ 11-1993, f. & cert. ef. 7-29-93; DEQ 5-2015, f. & cert. ef. 4/15/2015

Stat. Auth.: ORS 183, 459, 466.020(1)&(2), 466.020(7) & 468

Stats. Implemented: ORS 466.020, 466.150 & 466.160