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SOLID WASTE PROCESSING AND DISPOSAL

CHAPTER 1200-01-07

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

  • 1.

    If the closure/post-closure care plan is amended and the amendments result in a reduction in the amount of financial assurance required under that currently filed with the Commissioner, the Commissioner shall, upon the operator’s request, cause to be released to the operator (or issuing institution, if appropriate) the excess financial assurance.

  • 2.

    In his notice to the operator that closure of the facility or facility parcel is approved (refer to rule 1200-01-07-.04(8)(c)9), the Commissioner will also notify the operator that he is no longer required by this paragraph to maintain financial assurance for such closure. At such time the Commissioner shall cause to be released to the operator (or issuing institution, if appropriate) the financial assurance filed to provide for such closure.

  • 3.

    During the period of post-closure care, the Commissioner may reduce the amount of financial assurance required for the facility if the operator demonstrates to the Commissioner that the amount currently filed exceeds the remaining cost of post-closure care. Upon such occurrence, the Commissioner shall cause to be released to the operator the excess financial assurance on file.

  • 4.

    When an operator has completed, to the satisfaction of the Commissioner, all post-closure care requirements in accordance with the approved closure/post- closure care plan the Commissioner will, at the request of the operator, notify him in writing that he is no longer required by this paragraph to maintain financial assurance for such post-closure care. At such time the Commissioner shall also cause to be released to the operator (or issuing institution, if appropriate) the financial assurance filed to provide for such post-closure care.

    • 5.

      Financial assurance will normally be released in the form(s) it was submitted. However, where such release involves an amount equal to only a portion of the funds assured by a financial assurance mechanism (see subparagraphs (e) and

      • (f)

        of this paragraph), the Commissioner shall, as appropriate considering the type of mechanism involved, either cause to be released to the operator cash or collateral equal to that amount or allow the owner or operator to substitute for the mechanism(s) on file a new mechanism(s) reduced by that amount.

  • (j)

    Forfeiture of Financial Assurance - The Commissioner may order that any financial assurance filed by an operator pursuant to this paragraph be forfeited if the Commissioner determines that the operator has failed to comply with the act, rules and regulations adopted pursuant thereto, or orders of the Commissioner, or to perform closure and/or post-closure care when required to do so, or to perform closure and/or post-closure care in accordance with the closure/post-closure care plan and other permit requirements. Any such forfeiture action shall follow the procedures provided in this subparagraph.

1.

Upon his determination that the operator has failed to comply with the act, rules and regulations adopted pursuant thereto, or orders of the Commissioner, or to perform closure and/or post-closure care when required to do so, or to perform closure and/or post-closure care in accordance with the closure/post-closure care plan and/or other permit requirements, the Commissioner shall cause a notice of non compliance to be served upon the operator. Such notice shall be hand delivered or served by certified mail. The notice of non compliance shall specify in what respects the operator has failed to perform as required, and shall establish a schedule of compliance.

May, 2010 (Revised)

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