1. (1) This rule amends the requirements of 40 C.F.R. § 264.145.

2. (2)

   1. (a) The owner or operator of a disposal facility may choose a cash bond as specified in ORS 466.150(6) or other equivalent financial assurance as specified in 40 C.F.R. § 264.145(a) through (h);
   2. (b) The owner or operator of a treatment or storage facility subject to post-closure monitoring or maintenance requirements must establish financial assurance for post-closure care in accordance with the approved post-closure plan for the facility and must choose one of the options specified in 40 C.F.R. § 264.145(a) through (h).

3. (3)

   1. (a) If an owner or operator uses the trust fund option specified in 40 C.F.R. § 264.145(a) to establish financial assurance for post-closure care of a facility, the owner or operator must also comply with subsection (3)(b) of this rule;
   2. (b) During the period the current post-closure cost estimate (CE) exceeds the current value of the trust fund (CV), the owner or operator must also establish supplemental financial assurance in the amount CE-CV by choosing one of the options specified in 40 C.F.R. §§ 264.145(b) to 264.145(f).
4. (4) The phrase "Except as may be required by 40 C.F.R. § 264.145(f)(11)", is added to the beginning of the first sentence of 40 C.F.R. § 264.145(f)(1).
5. (5) The phrase "An owner or operator that has a parent corporation may only meet . . . " replaces the phrase "An owner or operator may meet . . . " in the first sentence of 40 C.F.R. § 264.145(f)(11).

Statutory/Other Authority

ORS 183, 459, 466.020(1)&(2), 466.020(7) & 468

Statutes/Other Implemented

ORS 466.020, 466.150 & 466.160

History

DEQ 88-2018, minor correction filed 04/10/2018, effective 04/10/2018
DEQ 5-2015, f. & cert. ef. 4-15-15
DEQ 11-1993, f. & cert. ef. 7-29-93
DEQ 8-1985, f. & ef. 7-25-85