1. (a) Prior to commencing operation of a facility, or any phase or portion thereof, the permittee shall:

   1. (1) Obtain operating plan approval, as follows:

      1. a. For a permit-by-notification facility or other facility which is not subject to the provisions of Env-Sw 305.05(b) and (c), the operating plan shall be approved through issuance of the permit and, for a permit-by-notification facility, based solely on representations by the permittee in the application pursuant to Env-Sw 1202.02(a)(2); and
      2. b. For facilities with a standard permit, emergency permit, or research and development permit issued subject to the provisions in Env-Sw 305.05(b) and (c), the operating plan shall be approved pursuant to the provisions for a permit modification in Env-Sw 315;

   2. (2) Assure financial responsibility for facility closure, as follows:

      1. a. For a permit-by-notification facility or other facility not subject to Env-Sw 1400, financial responsibility shall be ensured by having certified responsibility in the permit application pursuant to Env-Sw 303.04; and
      2. b. For facilities with a standard permit, emergency permit, or research and development permit issued subject to the provisions of Env-Sw 305.05(b) and (c), financial responsibility shall be ensured in accordance with the provisions of a final financial assurance plan approved pursuant to the provisions for a permit modification in Env-Sw 315 and by submitting all original signed financial assurance documents required to verify the plan has been implemented and is in effect;
   3. (3) Complete facility construction in accordance with all applicable construction requirements and submit all construction status reports, including construction inspection reports, as specified in Env-Sw 1104.07;
   4. (4) Comply with all other pre-operation requirements specified in the permit; and
   5. (5) After complying with (1) through (4) above, file a notice of intent to operate as specified in Env-Sw 1105.02.
2. (b) For a landfill or other facility operated on a phase by phase basis over time, the permittee shall comply with the requirements specified in (a) above each time operation of a new phase commences.

Source. #6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; amd by #7225, eff 3-31-00; (See Revision Note at chapter heading for Env-Sw 1100); ss by #8459, eff 10-28-05 (formerly Env-Wm 2805.01); ss by #10598, eff 7-1-14; ss by #14108, eff 11-13-24, EXPIRES: 11-13-34