(a) Financial assurance requirements.

1. (1) Owners and operators of permitted transfer stations 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 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 and recovered material 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.

(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:

1. (1) Site closure has been conducted in accordance with the approved closure plan required under this section; or
2. (2) The director determines that the owner or operator is not required to maintain financial assurance.

(d) Closure plan requirements.

1. (1) All new applications and existing facilities shall be required to have on file with the Division of Environmental Quality a current closure plan containing schedules and descriptions of the steps necessary to close the facility.
2. (2) A detailed estimate of the cost required for a third party to perform the approved closure activities shall be included in the facility closure plan.
3. (3) The facility closure plan shall be updated annually and submitted to the division in the facility annual report.

4. (4) The plan shall also include the following provisions:

   1. (A) An updated operating narrative shall be submitted when aspects of the approved plan are changed;
   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 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 facility operations unless otherwise approved by the division.