8 CAR § 60-1007 – Closure and financial assurance

(a) Financial assurance requirements.
1. (1) Owners and operators of permitted C&DRFs shall post financial assurance in accordance with the requirements of this part if required by the Director of the Division of Environmental Quality.
2. (2) In considering whether the financial assurance will be required, the director may consider:
  1. (A) The size of the facility and the risk of environmental contamination; and
  2. (B) The relative risk of the owner or operator to become financially incapacitated to the point that one hundred fifty percent (150%) of the maximum permitted amount of all solid waste, recyclable materials, and recovered material ever stored on site at one time can be transported to another facility, or if that is not practicable, disposed of by landfilling in a permitted Class 4 landfill by a third party.
(b) Use of financial assurance funds. Financial assurance funds may be used, as determined by the director, for any reasonable purpose to remediate and mitigate any environmental, health, and safety hazards at the site should the owner or operator be unable or unwilling to fulfill the permit obligations of this part.
(c) Financial assurance mechanisms. Owners or operators required by the director to post financial assurance shall choose an acceptable financial assurance mechanism from those listed in 8 CAR § 60-1405 and maintain the financial assurance until site closure has been conducted in accordance with the approved closure plan required under this section, or until the director determines that the owner or operator is not required to maintain financial assurance.
(d) Closure plan requirements.
1. (1) Applications submitted after the effective date of this part shall include a closure plan containing a schedule and description of the steps necessary to close the facility.
2. (2) Included in the plan shall be a detailed estimate of the cost required for a third party to perform the closure activities.
3. (3) The plan shall also include the following provisions:
  1. (A) An updated plan shall be submitted with the facility annual engineering report as required by the Division of Environmental Quality;
  2. (B) The division shall be notified in writing sixty (60) days prior to the proposed termination date of the facility; and
  3. (C)
(i) Within ten (10) days of ceasing operations, all wastes shall be removed from the site and disposed at a properly permitted disposal facility, and the facility and equipment shall be brought to a sanitary condition.
1. (ii) The operator shall then arrange for a final cleaning of any containers, equipment, machines, floors, and facility surfaces having come in contact with source separated solid waste.
  1. (iii) All closure activities shall be completed not later than forty-five (45) days after the termination date of facility operations unless otherwise approved by the division.
(e) Closure requirements. Upon termination of facility operations, owners or operators shall perform facility closure in accordance with the requirements of this section.