SOLID WASTE PROCESSING AND DISPOSAL
(Rule 1200-01-07-.03, continued)
latest fiscal year with the amounts in such financial statements; and
An owner or operator of a new facility must submit the items specified in subparts (i), (ii), and (iii) of this part to the Commissioner.
After the initial submission of items specified in subparts (i), (ii), and (iii) of this part, the owner or operator must send updated information to the Commissioner within 90 days after the close of each succeeding fiscal year. This information must consist of all three items specified in subpart (iv) of this part.
If the owner or operator no longer meets the requirements of subpart (i), (ii), and (iii) of this part, he must sent notice to the Commissioner of intent to establish alternate financial assurance as specified in the subparagraph. The notice must be sent by certified mail within 90 days after the end of the fiscal year for which the year-end financial data show that the owner or operator no longer meets the requirements. The owner or operator must provide the alternate financial assurance within 120 days after the end of such fiscal year.
The Commissioner may, based on a reasonable belief that the owner or operator may no longer meet the requirements of this part, require reports of financial condition at any time from the owner or operator in addition to those specified in subpart (i) of this part. If the Commissioner finds, on the basis of such reports or other information, that the owner or operator no longer meets these requirements, the owner or operator must provide alternate financial assurance as specified in this subparagraph within 30 days after notification of such a finding.
The Commissioner may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his report on examination of the owner’s or operator’s financial statements. An adverse opinion or a disclaimer of opinion will be
In connection with the procedure, no matters came to his attention which caused him to believe that the specified data should be adjusted.
May, 2010 (Revised)
The owner or operator is no longer required to submit the items specified in subparts (i), (ii), and (iii) of this part, when:
cause for disallowance. qualifications on an individual
An owner or operator substitutes alternate financial assurance; or
Commissioner The owner or
will evaluate other operator must provide
The Commissioner releases the owner or operator from the requirements of this part.
An owner or operator may meet the requirements of this part by obtaining a written guarantee. The guarantor must be the direct or higher-tier parent corporation of the owner or operator, a firm whose parent corporation is
alternate financial assurance as specified days after notification of the disallowance.
also the parent corporation of the “substantial business relationship”
or a firm