(a) Post-closure cost estimate.

1. (1)

   1. (A) As provided in 40 C.F.R. § 258.72, the owner or operator of all permitted landfill facilities must have a detailed written estimate, in current dollars, of the cost of hiring a third party to conduct post-closure care for the permitted facility in compliance with the post-closure plan developed under 8 CAR § 60-1302(c).
   2. (B) The post-closure cost estimate used to demonstrate financial assurance in subsection (b) of this section must account for the total costs of conducting post-closure care, including annual and periodic costs as described in the post-closure plan over the entire post-closure care period.
   3. (C) The owner or operator shall provide the initial and updated estimates to the Director of the Division of Environmental Quality and shall place the estimates in the operating record.
2. (2) The cost estimate for post-closure care must be based on the most expensive costs of post-closure care during the post-closure care period.
3. (3) During the active life of the permitted facility and during the post-closure care period, the owner or operator must annually adjust the post-closure cost estimate for inflation.
4. (4) The owner or operator must increase the post-closure care cost estimate and the amount of financial assurance provided under subsection (b) of this section if changes in the post-closure plan or permitted facility conditions increase the maximum costs of post-closure care.

5. (5)

   1. (A) With Division of Environmental Quality approval, the owner or operator may reduce the post-closure cost estimate and the amount of financial assurance provided under subsection (b) of this section if the cost estimate exceeds the maximum costs of post-closure care remaining over the post-closure care period.
   2. (B) The owner or operator must provide the justification to the director for the reduction of the closure cost estimate and place the justification in the operating record.

(b) Financial assurance for post-closure.

1. (1) Except as provided in subsection (c) of this section, below, the owner or operator of each permitted facility must establish and at all times maintain, in a manner in accordance with 8 CAR § 60-1405, financial assurance for one hundred percent (100%) of the costs of post-closure care as required under 8 CAR § 60-1302.
2. (2) The owner or operator must provide continuous coverage for post-closure care until released from financial assurance requirements for post-closure care by demonstrating compliance with 8 CAR § 60-1302(f).

(c) Landfill Post-Closure Trust Fund guarantee.

1. (1) Owners or operators that are required by law to pay disposal fees into the Landfill Post-Closure Trust Fund (generally Class 1, Class 3C, and Class 4 landfills) may elect to provide financial assurance in an amount not less than twenty percent (20%) of estimated post-closure maintenance costs through a financial mechanism readily negotiable by the division to cash funds (e.g., letter of credit, surety bond, irrevocable trust, insurance, or other mechanism approved by the division) upon default by the owner and operator of post-closure obligations.
2. (2) If, after proper closure of the landfill, the division reasonably determines that the owner or operator cannot be located or cannot otherwise satisfy, in whole or part, post-closure maintenance obligations, the division is authorized to expend the necessary funds from the fund to satisfy the requirements of state and federal law for post-closure care and to prevent or abate releases to the environment.
3. (3) If the division is required to expend funds from the fund due to the failure of an owner or operator to meet the requirements of this section, the division shall first pursue collection and recovery of the funds by issuing an administrative order notifying the owner or operator by certified mail at the last known address of the owner or operator of the action taken by the division and the amount of funds expended from the fund, and that the administrative order may be appealed in accordance with the division’s rules.
4. (4) Nothing contained herein shall be construed to limit the division’s ability to pursue other legal remedies for the recovery of funds expended on post-closure care, or as releasing an owner or operator from performing one hundred percent (100%) of its post-closure care obligations under this part.