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SOLID WASTE PROCESSING AND DISPOSAL

CHAPTER 1200-01-07

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

  • (v)

    If an owner or operator substitutes other financial assurance as specified in this subparagraph for all or part of the trust fund, he may submit a written request for release of the amount in excess of the current cost estimate covered by the trust fund.

  • (vi)

    Within 60 days after receiving a request from the owner or operator for release of funds as specified in subparts (iv) and (v) of this part, the Commissioner will instruct the trustee to release to the owner or operator such funds as the Commissioner specifies in writing.

  • (vii)

    After beginning partial or final closure of a facility, an owner or operator may request reimbursements for partial or final closure expenditures by submitting itemized bills to the Commissioner. The owner or operator may request reimbursements for partial closure only if sufficient funds are remaining in the trust fund to cover the maximum cost of closing the facility over its remaining operating life. Within 60 days after receiving bills for partial or final closure activities, the Commissioner will instruct the trustee to make reimbursements in those amounts as the Commissioner specifies in writing, if the Commissioner determines that the partial or final closure expenditures are in accordance with the approved closure plan, or otherwise justified. If the Commissioner has reason to believe that the maximum cost of closure over the remaining life of the facility will be significantly greater than the value of the trust fund, he may withhold reimbursements of such amounts as he deems prudent until he determines, that the owner or operator is no longer required to maintain financial assurance for the final closure of the facility. If the Commissioner does not instruct the trustee to make such reimbursements, he will provide the owner of operator with a detailed written statement of reasons.

  • (viii)

    Within 60 days after receiving bills for post-closure activities, the Commissioner will instruct the trustee to make reimbursements in those amounts as the Commissioner specifies in writing, if the Commissioner determines that the post-closure expenditures are in accordance with the approved closure plan, or otherwise justified. If the Commissioner has reason to believe that the maximum cost of post-closure over the remaining life of the facility will be significantly greater than the value of the trust fund, he may withhold reimbursements of such amounts as he deems prudent until he determines, that the owner or operator is no longer required to maintain financial assurance for post-closure of the facility. If the Commissioner does not instruct the trustee to make such reimbursements, he will provide the owner or operator with a detailed written statement of reason.

  • (ix)

    The Commissioner will agree to termination of the trust when:

    • (I)

      An owner or operator substitutes alternate financial assurance as specified in this subparagraph.

    • (II)

      The Commissioner releases the owner or operator from the requirements of this paragraph.

  • 7.

    Closure and/or post-closure letter of credit. An owner or operator may satisfy the requirements of subparagraph (c) of this paragraph by obtaining and filing an irrevocable standby letter of credit which conforms to the requirements of this part. The issuing institution must be an entity which has the authority to issue

May, 2010 (Revised)

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