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CHAPTER 1200-01-07

(Rule 1200-01-07-.03, continued)

  • 2.

    Such plan amendments shall be processed as modifications to the permit. However, the Commissioner may decide to modify the plan if he deems it necessary to prevent threats to human health and the environment. He may extend or reduce the post-closure care period based on cause or alter the closure or post-closure care requirements based on cause. However, no such modifications shall be initiated until the operator has been notified of such proposed action and provided the opportunity to be heard on the matter.

  • 3.

    The cost estimate of the approved closure/post closure care plan must be adjusted annually for inflation. Such inflation adjustment shall not be considered an amendment of the plan.

  • (3)

    Financial Assurance Requirements

    • (a)

      General Requirement - Operators of facilities must file and maintain financial assurance with the Commissioner as set forth in this paragraph. As used in this paragraph operator includes, but is not limited to, parent corporations and any other person who owns a controlling interest in a corporation.

  • (b)

    Amount of Financial Assurance Required

    • 1.

      The amount of financial assurance required of the operator shall be established by the Commissioner based upon the estimated cost of operating the facility for a thirty (30) day period plus the estimated closure and post-closure care costs included in the approved closure/post-closure care plan established in paragraph

      • (2)

        of this rule. This required amount may be adjusted as the plan is amended. The operator shall be notified of the required amount as set forth in subparagraph (c) of this paragraph. In no case, however, shall the amount of financial assurance be less than 1,000 dollars per acre, or fraction thereof, affected by the facility operation.

For facilities being developed or to be developed according to a phased development plan, the Commissioner may establish the amount of financial assurance required on a parcel-by-parcel basis.


The operator may appeal the Commissioner’s decision in part 1 of this subparagraph as set forth in Section 68-211-113 of the act.


The operator must file with the Commissioner a financial assurance instrument chosen from subparagraph (d) of this paragraph in the amount determined by the Commissioner. The original of the instrument must be received and approved by the Commissioner prior to construction/operation of the solid waste management facility.


During the active life of the solid waste management facility, the operator must annually adjust the closure/post-closure cost estimate and the financial assurance instrument for inflation by no later than the anniversary date of the establishment of the financial assurance instrument(s) used to comply with subparagraph (b) of this paragraph. For operators using the financial test or corporate guarantee, the closure/post-closure cost estimate and the financial assurance instrument must be adjusted for inflation by no later than 90 days after the close of the firm’s fiscal year and concurrent with the submission of the

May, 2010 (Revised)


in by by for

updated financial information to the subparagraph (d)4(v) of this paragraph.

Division Director as specified The adjustment may be made

recalculating the maximum cost using an inflation factor derived

of closure/post-closure in current dollars, or from the most recent Implicit Price Deflator

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