(a)

1. (1) Owners or operators of used tire processing facilities must file and maintain financial assurance of closure with the Division of Environmental Quality as set forth in Solid Waste Management Rules, 8 CAR pt. 60.
2. (2) Owners or operators of mobile tire processing equipment 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 pt. 60.

(b)

1. (1) The amount of financial assurance required of the owner or operator shall be established by the director or designee based upon the estimated closure costs.
2. (2) This required amount may be adjusted to take into account any changes in the requirements of the permit.

(c)

1. (1) Within ten (10) calendar days after the final decision to issue a permit for a new used tire processing facility, the director shall notify the permittee in writing of the amount of financial assurance required.
2. (2) Before the permit can be effective, the permittee must file with the division the amount of financial assurance required.

(d)

1. (1) For used tire processing facilities that seek to utilize an incremental plan, the permittee may initially request financial assurance covering only closure cost.
2. (2) The permittee must, at least thirty (30) calendar days prior to beginning operation of a subsequent increment not covered by financial assurance, file adequate assurance for that increment with the division.

(e)

1. (1) Financial assurance is not required for mobile tire processing equipment at the time of applying for and receiving a general permit.
2. (2) However, during the period of general permit coverage, the division may determine financial assurance is warranted and require the permittee to file and maintain financial assurance.
3. (3) If the general permittee is notified in writing by the division to provide financial assurance, the amount to be acquired will be based on the estimated cost of third-party closure.
4. (4) If the general permittee has been notified financial assurance is required, the general permit coverage is only effective after the financial assurance documents have been filed with the division and approved.