Utah Admin. Code R315-265-143 - Financial Requirements - Financial Assurance for Closure
By the effective date of these regulations, an owner or operator of each facility shall establish financial assurance for closure of the facility. He shall choose from the options as specified in Subsections R315-265-143(a) through (e).
(a)
Closure trust fund.
(1) An owner or operator
may satisfy the requirements of Section R315-265-143 by establishing a closure
trust fund which conforms to the requirements of Subsection R315-265-143(a) and
submitting an originally signed duplicate of the trust agreement to the
Director. The trustee shall be an entity which has the authority to act as a
trustee and whose trust operations are regulated and examined by a Federal or
Utah agency.
(2) The wording of the
trust agreement shall be identical to the wording specified in Subsection
R315-264-151(a)(1),
and the trust agreement shall be accompanied by a formal certification of
acknowledgment, for example, see Subsection
R315-264-151(a)(2).
Schedule A of the trust agreement shall be updated within 60 days after a
change in the amount of the current closure cost estimate covered by the
agreement.
(3) Payments into the
trust fund shall be made annually by the owner or operator over the 20 years
beginning with the effective date of these regulations or over the remaining
operating life of the facility as estimated in the closure plan, whichever
period is shorter; this period is hereafter referred to as the "pay-in period."
The payments into the closure trust fund shall be made as follows:
(i) The first payment shall be made by the
effective date of these regulations, except as provided in Subsection
R315-265-143(a) (5). The first payment shall be at least equal to the current
closure cost estimate, except as provided in Subsection R315-265-143(f),
divided by the number of years in the pay-in period.
(ii) Subsequent payments shall be made no
later than 30 days after each anniversary date of the first payment. The amount
of each subsequent payment shall be determined by this formula: Next
payment=(CE-CV)/Y, where CE is the current closure cost estimate, CV is the
current value of the trust fund, and Y is the number of years remaining in the
pay-in period.
(4) The
owner or operator may accelerate payments into the trust fund or he may deposit
the full amount of the current closure cost estimate at the time the fund is
established. However, he shall maintain the value of the fund at no less than
the value that the fund would have if annual payments were made as specified in
Subsection R315-265-143(a)(3).
(5)
If the owner or operator establishes a closure trust fund after having used one
or more alternate mechanisms specified in Section R315-265-143, his first
payment shall be in at least the amount that the fund would contain if the
trust fund were established initially and annual payments made as specified in
Subsection R315-265-143(a)(3).
(6)
After the pay-in period is completed, whenever the current closure cost
estimate changes, the owner or operator shall compare the new estimate with the
trustee's most recent annual valuation of the trust fund. If the value of the
fund is less than the amount of the new estimate, the owner or operator, within
60 days after the change in the cost estimate, shall either deposit an amount
into the fund so that its value after this deposit at least equals the amount
of the current closure cost estimate, or obtain other financial assurance as
specified in Section R315-265-143 to cover the difference.
(7) If the value of the trust fund is greater
than the total amount of the current closure cost estimate, the owner or
operator may submit a written request to the Director for release of the amount
in excess of the current closure cost estimate.
(8) If an owner or operator substitutes other
financial assurance as specified in Section R315-265-143 for all or part of the
trust fund, he may submit a written request to the Director for release of the
amount in excess of the current closure cost estimate covered by the trust
fund.
(9) Within 60 days after
receiving a request from the owner or operator for release of funds as
specified in Subsections R315-265-143(a) (7) or (8), the Director will instruct
the trustee to release to the owner or operator such funds as the Director
specifies in writing.
(10) After
beginning partial or final closure, an owner or operator or another person
authorized to conduct partial or final closure may request reimbursements for
partial or final closure expenditures by submitting itemized bills to the
Director. The owner or operator may request reimbursements for partial closure
only if sufficient funds are remaining in the trust fund to cover the maximum
costs of closing the facility over its remaining operating life. No later than
60 days after receiving bills for partial or final closure activities, the
Director will instruct the trustee to make reimbursements in those amounts as
the Director specifies in writing, if the Director determines that the partial
or final closure expenditures are in accordance with the approved closure plan,
or otherwise justified. If the Director has reason to believe that the maximum
cost of closure over the remaining life of the facility will be significantly
greater than the value of the trust fund, he may withhold reimbursements of
such amounts as he deems prudent until he determines, in accordance with
Subsection R315-265-143(h) that the owner or operator is no longer required to
maintain financial assurance for final closure of the facility. If the Director
does not instruct the trustee to make such reimbursements, he will provide to
the owner or operator a detailed written statement of reasons.
(11) The Director will agree to termination
of the trust when:
(i) An owner or operator
substitutes alternate financial assurance as specified in Section R315-265-143;
or
(ii) The Director releases the
owner or operator from the requirements of Section R315-265-143 in accordance
with Subsection R315-265-143(h).
(b) Surety bond guaranteeing payment into a
closure trust fund.
(1) An owner or operator
may satisfy the requirements of Section R315-265-143 by obtaining a surety bond
which conforms to the requirements of this paragraph and submitting the bond to
the Director. The surety company issuing the bond shall, at a minimum, be among
those listed as acceptable sureties on Federal bonds in Circular 570 of the
U.S. Department of the Treasury.
(2) The wording of the surety bond shall be
identical to the wording specified in Subsection
R315-264-151(b).
(3) The owner or operator who uses a surety
bond to satisfy the requirements of Section R315-265-143 shall also establish a
standby trust fund. Under the terms of the bond, all payments made thereunder
will be deposited by the surety directly into the standby trust fund in
accordance with instructions from the Director. This standby trust fund shall
meet the requirements specified in Subsection R315-265-143(a), except that:
(i) An originally signed duplicate of the
trust agreement shall be submitted to the Director with the surety bond;
and
(ii) Until the standby trust
fund is funded pursuant to the requirements of Section R315-265-143, the
following are not required by these regulations:
(A) Payments into the trust fund as specified
in Subsection R315-265-143(a);
(B)
Updating of Schedule A of the trust agreement, see Subsection
R315-264-151(a),
to show current closure cost estimates;
(C) Annual valuations as required by the
trust agreement; and
(D) Notices of
nonpayment as required by the trust agreement.
(4) The bond shall guarantee that the owner
or operator will:
(i) Fund the standby trust
fund in an amount equal to the penal sum of the bond before the beginning of
final closure of the facility; or
(ii) Fund the standby trust fund in an amount
equal to the penal sum within 15 days after an administrative order to begin
final closure issued by the Director becomes final, or within 15 days after an
order to begin final closure is issued by a U.S. district court or other court
of competent jurisdiction; or
(iii)
Provide alternate financial assurance as specified in Section R315-265-143, and
obtain the Director's written approval of the assurance provided, within 90
days after receipt by both the owner or operator and the Director of a notice
of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety
will become liable on the bond obligation when the owner or operator fails to
perform as guaranteed by the bond.
(6) The penal sum of the bond shall be in an
amount at least equal to the current closure cost estimate, except as provided
in Subsection R315-265-143(f).
(7)
Whenever the current closure cost estimate increases to an amount greater than
the penal sum, the owner or operator, within 60 days after the increase, shall
either cause the penal sum to be increased to an amount at least equal to the
current closure cost estimate and submit evidence of such increase to the
Director, or obtain other financial assurance as specified in Section
R315-265-143 to cover the increase. Whenever the current closure cost estimate
decreases, the penal sum may be reduced to the amount of the current closure
cost estimate following written approval by the Director.
(8) Under the terms of the bond, the surety
may cancel the bond by sending notice of cancellation by certified mail to the
owner or operator and to the Director. Cancellation may not occur, however,
during the 120 days beginning on the date of receipt of the notice of
cancellation by both the owner or operator and the Director, as evidenced by
the return receipts.
(9) The owner
or operator may cancel the bond if the Director has given prior written consent
based on his receipt of evidence of alternate financial assurance as specified
in Section R315-265-143.
(c) Closure letter of credit.
(1) An owner or operator may satisfy the
requirements of Section R315-265-143 by obtaining an irrevocable standby letter
of credit which conforms to the requirements of Subsection R315-265-143(c) and
submitting the letter to the Director. The issuing institution shall be an
entity which has the authority to issue letters of credit and whose
letter-of-credit operations are regulated and examined by a Federal or Utah
agency.
(2) The wording of the
letter of credit shall be identical to the wording specified in Subsection
R315-264-151(d).
(3) An owner or operator who uses a letter of
credit to satisfy the requirements of Section R315-265-143 shall also establish
a standby trust fund. Under the terms of the letter of credit, all amounts paid
pursuant to a draft by the Director will be deposited by the issuing
institution directly into the standby trust fund in accordance with
instructions from the Director. This standby trust fund shall meet the
requirements of the trust fund specified in Subsection R315-265-143(a), except
that:
(i) An originally signed duplicate of
the trust agreement shall be submitted to the Director with the letter of
credit; and
(ii) Unless the standby
trust fund is funded pursuant to the requirements of Section R315-265-143, the
following are not required by these regulations:
(A) Payments into the trust fund as specified
in Subsection R315-265-143(a);
(B)
Updating of Schedule A of the trust agreement, see Subsection
R315-264-151(a),
to show current closure cost estimates;
(C) Annual valuations as required by the
trust agreement; and
(D) Notices of
nonpayment as required by the trust agreement.
(4) The letter of credit shall be accompanied
by a letter from the owner or operator referring to the letter of credit by
number, issuing institution, and date, and providing the following information:
The EPA Identification Number, name, and address of the facility, and the
amount of funds assured for closure of the facility by the letter of
credit.
(5) The letter of credit
shall be irrevocable and issued for a period of at least 1 year. The letter of
credit shall provide that the expiration date will be automatically extended
for a period of at least 1 year unless, at least 120 days before the current
expiration date, the issuing institution notifies both the owner or operator
and the Director by certified mail of a decision not to extend the expiration
date. Under the terms of the letter of credit, the 120 days will begin on the
date when both the owner or operator and the Director have received the notice,
as evidenced by the return receipts.
(6) The letter of credit shall be issued in
an amount at least equal to the current closure cost estimate, except as
provided in Subsection R315-265-143(f).
(7) Whenever the current closure cost
estimate increases to an amount greater than the amount of the credit, the
owner or operator, within 60 days after the increase, shall either cause the
amount of the credit to be increased so that it at least equals the current
closure cost estimate and submit evidence of such increase to the Director, or
obtain other financial assurance as specified in Section R315-265-143 to cover
the increase. Whenever the current closure cost estimate decreases, the amount
of the credit may be reduced to the amount of the current closure cost estimate
following written approval by the Director.
(8) Following a final administrative
determination that the owner or operator has failed to perform final closure in
accordance with the approved closure plan when required to do so, the Director
may draw on the letter of credit.
(9) If the owner or operator does not
establish alternate financial assurance as specified in Section R315-265-143
and obtain written approval of such alternate assurance from the Director
within 90 days after receipt by both the owner or operator and the Director of
a notice from the issuing institution that it has decided not to extend the
letter of credit beyond the current expiration date, the Director will draw on
the letter of credit. The Director may delay the drawing if the issuing
institution grants an extension of the term of the credit. During the last 30
days of any such extension the Director will draw on the letter of credit if
the owner or operator has failed to provide alternate financial assurance as
specified in Section R315-265-143 and obtain written approval of such assurance
from the Director.
(10) The
Director will return the letter of credit to the issuing institution for
termination when:
(i) An owner or operator
substitutes alternate financial assurance as specified in Section R315-265-143;
or
(ii) The Director releases the
owner or operator from the requirements of Section R315-265-143 in accordance
with Subsection R315-265-143(h).
(d) Closure insurance.
(1) An owner or operator may satisfy the
requirements of Section R315-265-143 by obtaining closure insurance which
conforms to the requirements of Subsection R315-265-143(d) and submitting a
certificate of such insurance to the Director. By the effective date of these
regulations the owner or operator shall submit to the Director a letter from an
insurer stating that the insurer is considering issuance of closure insurance
conforming to the requirements of this paragraph to the owner or operator.
Within 90 days after the effective date of these regulations, the owner or
operator shall submit the certificate of insurance to the Director or establish
other financial assurance as specified in Section R315-265-143. At a minimum,
the insurer shall be licensed to transact the business of insurance, or
eligible to provide insurance as an excess or surplus lines insurer, in one or
more States.
(2) The wording of the
certificate of insurance shall be identical to the wording specified in
Subsection
R315-264-151(e).
(3) The closure insurance policy shall be
issued for a face amount at least equal to the current closure cost estimate,
except as provided in Subsection R315-265-143(f). The term "face amount" means
the total amount the insurer is obligated to pay under the policy. Actual
payments by the insurer will not change the face amount, although the insurer's
future liability will be lowered by the amount of the payments.
(4) The closure insurance policy shall
guarantee that funds will be available to close the facility whenever final
closure occurs. The policy shall also guarantee that once final closure begins,
the insurer will be responsible for paying out funds, up to an amount equal to
the face amount of the policy, upon the direction of the Director, to such
party or parties as the Director specifies.
(5) After beginning partial or final closure,
an owner or operator or any other person authorized to conduct closure may
request reimbursements for closure expenditures by submitting itemized bills to
the Director. The owner or operator may request reimbursements for partial
closure only if the remaining value of the policy is sufficient to cover the
maximum costs of closing the facility over its remaining operating life. Within
60 days after receiving bills for closure activities, the Director will
instruct the insurer to make reimbursements in such amounts as the Director
specifies in writing if the Director determines that the partial or final
closure expenditures are in accordance with the approved closure plan or
otherwise justified. If the Director has reason to believe that the maximum
cost of closure over the remaining life of the facility will be significantly
greater than the face amount of the policy, he may withhold reimbursement of
such amounts as he deems prudent until he determines, in accordance with
Subsection R315-265-143(h), that the owner or operator is no longer required to
maintain financial assurance for final closure of the particular facility. If
the Director does not instruct the insurer to make such reimbursements, he will
provide to the owner or operator a detailed written statement of
reasons.
(6) The owner or operator
shall maintain the policy in full force and effect until the Director consents
to termination of the policy by the owner or operator as specified in
Subsection R315-265-143(d) (10). Failure to pay the premium, without
substitution of alternate financial assurance as specified in this section,
will constitute a significant violation of these regulations, warranting such
remedy as the Director deems necessary. Such violation will be deemed to begin
upon receipt by the Director of a notice of future cancellation, termination,
or failure to renew due to nonpayment of the premium, rather than upon the date
of expiration.
(7) Each policy
shall contain a provision allowing assignment of the policy to a successor
owner or operator. Such assignment may be conditional upon consent of the
insurer, provided such consent is not unreasonably refused.
(8) The policy shall provide that the insurer
may not cancel, terminate, or fail to renew the policy except for failure to
pay the premium. The automatic renewal of the policy shall, at a minimum,
provide the insured with the option of renewal at the face amount of the
expiring policy. If there is a failure to pay the premium, the insurer may
elect to cancel, terminate, or fail to renew the policy by sending notice by
certified mail to the owner or operator and the Director. Cancellation,
termination, or failure to renew may not occur, however, during the 120 days
beginning with the date of receipt of the notice by both the Director and the
owner or operator, as evidenced by the return receipts. Cancellation,
termination, or failure to renew may not occur and the policy will remain in
full force and effect in the event that on or before the date of expiration:
(i) The Director deems the facility
abandoned; or
(ii) Interim status
is terminated or revoked; or
(iii)
Closure is ordered by the Director or a U.S. district court or other court of
competent jurisdiction; or
(iv) The
owner or operator is named as debtor in a voluntary or involuntary proceeding
under Title 11 (Bankruptcy), U.S. Code; or
(v) The premium due is paid.
(9) Whenever the current closure
cost estimate increases to an amount greater than the face amount of the
policy, the owner or operator, within 60 days after the increase, shall either
cause the face amount to be increased to an amount at least equal to the
current closure cost estimate and submit evidence of such increase to the
Director, or obtain other financial assurance as specified in Section
R315-265-143 to cover the increase. Whenever the current closure cost estimate
decreases, the face amount may be reduced to the amount of the current closure
cost estimate following written approval by the Director.
(10) The Director will give written consent
to the owner or operator that he may terminate the insurance policy when:
(i) An owner or operator substitutes
alternate financial assurance as specified in Section R315-265-143;
or
(ii) The Director releases the
owner or operator from the requirements of Section R315-265-143 in accordance
with Subsection R315-265-143(h).
(e) Financial test and corporate guarantee
for closure.
(1) An owner or operator may
satisfy the requirements of Section R315-265-143 by demonstrating that he
passes a financial test as specified in Subsection R315-265-143(e). To pass
this test the owner or operator shall meet the criteria of either Subsection
R315-265-143(e)(1)(i) or (ii):
(i) The owner
or operator shall have:
(A) Two of the
following three ratios: A ratio of total liabilities to net worth less than
2.0; a ratio of the sum of net income plus depreciation, depletion, and
amortization to total liabilities greater than 0.1; and a ratio of current
assets to current liabilities greater than 1.5; and
(B) Net working capital and tangible net
worth each at least six times the sum of the current closure and post-closure
cost estimates and the current plugging and abandonment cost estimates;
and
(C) Tangible net worth of at
least $10 million; and
(D) Assets
located in the United States amounting to at least 90 percent of total assets
or at least six times the sum of the current closure and post-closure cost
estimates and the current plugging and abandonment cost estimates.
(ii) The owner or operator shall
have:
(A) A current rating for his most recent
bond issuance of AAA, AA, A, or BBB as issued by Standard and Poor's or Aaa,
Aa, A, or Baa as issued by Moody's; and
(B) Tangible net worth at least six times the
sum of the current closure and post-closure cost estimates and the current
plugging and abandonment cost estimates; and
(C) Tangible net worth of at least $10
million; and
(D) Assets located in
the United States amounting to at least 90 percent of total assets or at least
six times the sum of the current closure and post-closure cost estimates and
the current plugging and abandonment cost estimates.
(2) The phrase "current closure
and post-closure cost estimates" as used in Subsection R315-265-143(e)(1)
refers to the cost estimates required to be shown in paragraphs 1-4 of the
letter from the owner's or operator's chief financial officer, for example see
Subsection
R315-264-151(f).
The phrase "current plugging and abandonment cost estimates" as used in
Subsection R315-265-143(e) (1) refers to the cost estimates required to be
shown in paragraphs 1-4 of the letter from the owner's or operator's chief
financial officer, for example see
40 CFR
144.70(f).
(3) To demonstrate that he meets this test,
the owner or operator shall submit the following items to the Director:
(i) A letter signed by the owner's or
operator's chief financial officer and worded as specified in Subsection
R314-264-151(f); and
(ii) A copy of
the independent certified public accountant's report on examination of the
owner's or operator's financial statements for the latest completed fiscal
year; and
(iii) A special report
from the owner's or operator's independent certified public accountant to the
owner or operator stating that:
(A) He has
compared the data which the letter from the chief financial officer specifies
as having been derived from the independently audited, year-end financial
statements for the latest fiscal year with the amounts in such financial
statements; and
(B) In connection
with that procedure, no matters came to his attention which caused him to
believe that the specified data should be
adjusted.
(4)
The owner or operator may obtain an extension of the time allowed for
submission of the documents specified in Subsection R315-265-143(e)(3) if the
fiscal year of the owner or operator ends during the 90 days prior to the
effective date of these regulations and if the year-end financial statements
for that fiscal year will be audited by an independent certified public
accountant. The extension will end no later than 90 days after the end of the
owner's or operator's fiscal year. To obtain the extension, the owner's or
operator's chief financial officer shall send, by the effective date of these
regulations, a letter to the Director. This letter from the chief financial
officer shall:
(i) Request the
extension;
(ii) Certify that he has
grounds to believe that the owner or operator meets the criteria of the
financial test;
(iii) Specify for
each facility to be covered by the test the EPA Identification Number, name,
address, and current closure and post-closure cost estimates to be covered by
the test;
(iv) Specify the date
ending the owner's or operator's last complete fiscal year before the effective
date of these regulations;
(v)
Specify the date, no later than 90 days after the end of such fiscal year, when
he will submit the documents specified in Subsection R315-265-143(e)(3);
and
(vi) Certify that the year-end
financial statements of the owner or operator for such fiscal year will be
audited by an independent certified public accountant.
(5) After the initial submission of items
specified in Subsection R315-265-143(e)(3), the owner or operator shall send
updated information to the Director within 90 days after the close of each
succeeding fiscal year. This information shall consist of all three items
specified in Subsection R315-265-143(e)(3).
(6) If the owner or operator no longer meets
the requirements of Subsection R315-265-143(e)(1), he shall send notice to the
Director of intent to establish alternate financial assurance as specified in
this section. The notice shall be sent by certified mail within 90 days after
the end of the fiscal year for which the year-end financial data show that the
owner or operator no longer meets the requirements. The owner or operator shall
provide the alternate financial assurance within 120 days after the end of such
fiscal year.
(7) The Director may,
based on a reasonable belief that the owner or operator may no longer meet the
requirements of Subsection R315-265-143(e)(1), require reports of financial
condition at any time from the owner or operator in addition to those specified
in Subsection R315-265-143(e)(3). If the Director finds, on the basis of such
reports or other information, that the owner or operator no longer meets the
requirements of Subsection R315-265-143(e)(1), the owner or operator shall
provide alternate financial assurance as specified in Section R315-265-143
within 30 days after notification of such a finding.
(8) The Director may disallow use of this
test on the basis of qualifications in the opinion expressed by the independent
certified public accountant in his report on examination of the owner's or
operator's financial statements, see Subsection R315-265-143(e)(3)(ii). An
adverse opinion or a disclaimer of opinion will be cause for disallowance. The
Director will evaluate other qualifications on an individual basis. The owner
or operator shall provide alternate financial assurance as specified in this
section within 30 days after notification of the disallowance.
(9) The owner or operator is no longer
required to submit the items specified in Subsection R315-265-143(e)(3) when:
(i) An owner or operator substitutes
alternate financial assurance as specified in Section R315-265-143;
or
(ii) The Director releases the
owner or operator from the requirements of Section R315-265-143 in accordance
with Subsection R315-265-143(h).
(10) An owner or operator may meet the
requirements of Section R315-265-143 by obtaining a written guarantee. The
guarantor shall be the direct or higher-tier parent corporation of the owner or
operator, a firm whose parent corporation is also the parent corporation of the
owner or operator, or a firm with a 'substantial business relationship" with
the owner or operator. The guarantor shall meet the requirements for owners or
operators in Subsections R315-265-143(e)(1) through (8) and shall comply with
the terms of the guarantee. The wording of the guarantee shall be identical to
the wording specified in Subsection
R315-264-151(h).
A certified copy of the guarantee shall accompany the items sent to the
Director as specified in Subsection R315-265-143(e)(3). One of these items
shall be the letter from the guarantor's chief financial officer. If the
guarantor's parent corporation is also the parent corporation of the owner or
operator, the letter shall describe the value received in consideration of the
guarantee. If the guarantor is a firm with a 'substantial business
relationship" with the owner or operator, this letter shall describe this
'substantial business relationship" and the value received in consideration of
the guarantee. The terms of the guarantee shall provide that:
(i) If the owner or operator fails to perform
final closure of a facility covered by the corporate guarantee in accordance
with the closure plan and other interim status requirements whenever required
to do so, the guarantor will do so or establish a trust fund as specified in
Subsection R315-265-143(a) in the name of the owner or operator.
(ii) The corporate guarantee will remain in
force unless the guarantor sends notice of cancellation by certified mail to
the owner or operator and to the Director. Cancellation may not occur, however,
during the 120 days beginning on the date of receipt of the notice of
cancellation by both the owner or operator and the Director, as evidenced by
the return receipts.
(iii) If the
owner or operator fails to provide alternate financial assurance as specified
in Section R315-265-143 and obtain the written approval of such alternate
assurance from the Director within 90 days after receipt by both the owner or
operator and the Director of a notice of cancellation of the corporate
guarantee from the guarantor, the guarantor will provide such alternate
financial assurance in the name of the owner or
operator.
(f)
Use of multiple financial mechanisms. An owner or operator may satisfy the
requirements of Section R315-265-143 by establishing more than one financial
mechanism per facility. These mechanisms are limited to trust funds, surety
bonds, letters of credit, and insurance. The mechanisms shall be as specified
in Subsections R315-265-143(a) through (d), respectively, except that it is the
combination of mechanisms, rather than the single mechanism, which shall
provide financial assurance for an amount at least equal to the current closure
cost estimate. If an owner or operator uses a trust fund in combination with a
surety bond or a letter of credit, he may use the trust fund as the standby
trust fund for the other mechanisms. A single standby trust fund may be
established for two or more mechanisms. The Director may use any or all of the
mechanisms to provide for closure of the facility.
(g) Use of a financial mechanism for multiple
facilities. An owner or operator may use a financial assurance mechanism
specified in Section R315-265-143 to meet the requirements of Section
R315-265-143 for more than one facility. Evidence of financial assurance
submitted to the Director shall include a list showing, for each facility, the
EPA Identification Number, name, address, and the amount of funds for closure
assured by the mechanism. The amount of funds available through the mechanism
shall be no less than the sum of funds that would be available if a separate
mechanism had been established and maintained for each facility. In directing
funds available through the mechanism for closure of any of the facilities
covered by the mechanism, the Director may direct only the amount of funds
designated for that facility, unless the owner or operator agrees to the use of
additional funds available under the mechanism.
(h) Release of the owner or operator from the
requirements of Section R315-265-143. Within 60 days after receiving
certifications from the owner or operator and a qualified Professional Engineer
that final closure has been completed in accordance with the approved closure
plan, the Director will notify the owner or operator in writing that he is no
longer required by Section R315-265-143 to maintain financial assurance for
final closure of the facility, unless the Director has reason to believe that
final closure has not been in accordance with the approved closure plan. The
Director shall provide the owner or operator a detailed written statement of
any such reason to believe that closure has not been in accordance with the
approved closure plan.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.