1. A. Financial demonstration. The owner or operator of a of a CCR facility for which a financial demonstration is required under this Chapter shall demonstrate financial capability to meet all of the following based on third-party cost estimates that are representative of regional fair market costs:

   1. 1. Cost of Facility Closure for all applicable units at the facility,
   2. 2. Cost to Ensure Proper Post-Closure Care for all applicable units at the Facility, and
   3. 3. Cost to perform any corrective action as a result of known releases at all applicable units at the facility

2. B. The owner or operator shall:

   1. 1. Submit a letter signed by the chief financial officer stating that the owner or operator is financially capable of meeting the costs described in subsection (A);
   2. 2. For a state or federal agency, county, city, town, or other local governmental entity, submit a statement specifying the details of the financial arrangements used to meet the estimated costs described in subsection (A), including any other details that demonstrate how the owner or operator is financially capable of meeting those costs;

   3. 3. For other than a state or federal agency, county, city, town, or other local governmental entity, submit the information required for at least one of the financial assurance mechanisms listed in R18-13-1704 that covers the closure, post-closure, and corrective action costs submitted under subsection (A), including:

      1. a. The selected financial mechanism or mechanisms;
      2. b. The amount covered by each financial mechanism;
      3. c. The institution or company that is responsible for each financial mechanism used in the demonstration;
      4. d. Any other details that demonstrate how the owner or operator is financially capable of meeting the costs described in R18-13-1020(A)(2) or other applicable rules in this Chapter.

Historical Note

New Section made by final rulemaking at 31 A.A.R. 1363 (April 25, 2025), effective date June 1, 2025 (Supp. 25-2).