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SOLID WASTE PROCESSING AND DISPOSAL

CHAPTER 1200-01-07

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

Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business. The inflation factor is the result of dividing the latest published annual Deflator by the Deflator for the previous year.

(i)

The first adjustment is made by multiplying the closure/post-closure cost estimate by the inflation factor. The result is the adjusted closure/post- closure cost estimate.

(ii)

Subsequent adjustments are made by multiplying the latest adjusted closure/post-closure cost estimate by the latest inflation factor.

5.

During the post-closure care period of the solid waste management facility, the cost estimate for post-closure care may be reduced annually by the estimated cost of post-closure work performed the previous year according to the approved post-closure plan. The work must be performed to the satisfaction of the Division Director. The estimated remaining cost of post-closure care and the post-closure financial assurance instrument must be adjusted annually for inflation by no later

than the anniversary date adjustment may be made by

of the issuance recalculating the

of

the

instrument.

The

inflation

maximum cost of post-closure care

for the remaining years in current dollars or by using from the most recent Implicit Price Deflator for Gross

an inflation factor derived National Product or Gross

Domestic Product published of Current Business. The published annual Deflator by

by the U.S. Department of Commerce in inflation factor is the result of dividing the Deflator for the previous year.

its Survey the latest

(i)

The first adjustment is made by multiplying the post-closure cost estimate

by the inflation factor. estimate.

The result is the adjusted post-closure cost

    • (ii)

      Subsequent annual inflation adjustments to post-closure care cost estimates and financial assurance instruments are made by multiplying the estimated remaining cost of post-closure by the latest inflation factor.

  • (c)

    Filing of Financial Assurance

  • 1.

    Permits - After his final decision to issue a permit for a facility, the Commissioner will notify the operator in writing of the amount of financial assurance required (as established per subparagraph (b) of this paragraph). The operator must, before the permit can be effective, file with the Commissioner financial assurance meeting the requirements of this paragraph in at least that amount, except as provided in part 3 of this subparagraph. The Commissioner will evaluate the financial assurance filed for compliance with the requirements of this paragraph and notify the operator of his findings in writing within 30 days of the filing date.

  • 2.

    Facilities Permitted Before March 18, 1990.

(i)

In his notice to the operator initially approving the closure/post-closure care

plan, the Commissioner required (as established

will per

specify the amount subparagraph (b) of

of financial assurance

this

paragraph).

The

operator must, within 60 days of receipt of that notice, file with the Commissioner financial assurance meeting the requirements of this paragraph in at least that amount, except as provided in part 3 of this

subparagraph.

(ii)

After his final

decision to

issue a

modified

permit incorporating

amendments to the closure/post-closure care plan, the Commissioner will

May, 2010 (Revised)

44

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