(a) Closure notification.

1. (1) Composting facilities shall notify the Division of Environmental Quality in writing sixty (60) days prior to the proposed termination date of the facility.
2. (2) Within thirty (30) days of ceasing operations, all residuals, waste, etc., shall be removed from the site and disposed.

(b) Closure plan submittals.

1. (1) Composting facilities shall prepare and submit 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 periodically as required by the division;
   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 residuals, waste, etc., shall be removed from the site and disposed.

1. (ii) The facility will then arrange for a final cleaning of any containers, equipment, machines, floors, and facility surfaces having come in contact with source separated organic waste or solid waste.

   1. (iii) All closure activities shall be completed not later than forty-five (45) days after the termination date of the facility in this subdivision (b)(3)(C).

      1. (c) Financial assurance requirements.
2. (1) Owners and operators of permitted compost facilities shall post financial assurance in accordance with the requirements of this part.

3. (2) In considering the amount of financial assurance, the Director of the Division of Environmental Quality will base the decision upon:

   1. (A) The size of the facility and the risk of environmental contamination; and

   2. (B) One hundred fifty percent (150%) of the maximum permitted amount of all solid waste and compost ever stored on site at one time can be transported and disposed of by landfilling in a permitted Class 1 landfill by a third party.

      1. (d) 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.