8 CAR § 60-1401 – Applicability and effective date

(a) General.
1. (1) This subpart addresses financial assurance requirements for Class 1, Class 3, and Class 4 landfill facilities as well as solid waste processing facilities that are required to post financial assurance.
2. (2) Unless otherwise noted in this section, compliance is required on the effective date of this part.
(b) Landfills. The requirements of 8 CAR §§ 60-1402 – 60-1406 apply to the owners and operators of all permitted Class 1, Class 3, and Class 4 landfills as provided in 40 C.F.R. § 258.70, except owners or operators who are state or federal government entities whose debts and liabilities are the debts and liabilities of the state or the United States.
(c) Processing facilities.
1. (1) Owners or operators of solid waste processing facilities that are required by the Director of the Division of Environmental Quality to post financial assurance shall select a financial assurance mechanism from those allowable mechanisms identified in 8 CAR § 60-1405 and must comply with the provisions of 8 CAR § 60-1406.
2. (2) The closure requirements of 8 CAR § 60-1402, the post-closure requirements of 8 CAR § 60-1403, and the corrective action requirements of 8 CAR § 60-1404 do not apply to solid waste processing facilities.
3. (3) Instead, the owners or operators of solid waste processing facilities must comply with the closure requirements of:
  1. (A) 8 CAR § 60-810 for compost facilities;
  2. (B) 8 CAR § 60-907 for transfer stations; or
  3. (C) 8 CAR § 60-1007 for solid waste recovery facilities.