Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 811 - STANDARDS FOR NEW SOLID WASTE LANDFILLS
Subpart G - FINANCIAL ASSURANCE
Section 811.704 - Closure and Post-Closure Care and Corrective Action Cost Estimates
Current through Register Vol. 48, No. 38, September 20, 2024
a) Written cost estimate. The owner or operator must have a written estimate of the cost of closure of all parts of the facility where wastes have been deposited in accordance with the requirements of this Part; the written closure plan, required by Section 811.110 and 35 Ill. Adm. Code 812.114; and the cost of post-closure care and plans, required by this Part and the written post-closure care plans required by 35 Ill. Adm. Code 812.115. The cost estimate is the total cost for closure and post-closure care.
b) The owner or operator must revise the cost estimate whenever a change in the closure plan or post-closure care plan increases the cost estimate.
c) The cost estimate must be based on the steps necessary for the premature final closure of the facility on the assumed closure date.
d) The cost estimate must be based on the assumption that the Agency will contract with a third party to implement the closure plan.
e) The cost estimate may not be reduced by allowance for the salvage value of equipment or waste, for the resale value of land, or for the sale of landfill gas.
f) The cost estimate must, at a minimum, include all costs for all activities necessary to close the facility in accordance with all requirements of this Part.
g) The Board removed this subsection (g) and revised Section 811.718 to disallow discounting for all financial assurance mechanisms but trust funds. This statement maintains structural consistency for cross-references in this Part to subsections (h), (j), and (k).
h) The post-closure care cost estimate must, at a minimum, be based on the following elements in the post-closure care plan:
i) This Section does not authorize the Agency to require the owner or operator to perform any of the indicated activities upon which cost estimates are to be based; however, if the site permit requires a closure activity, the owner or operator must include the cost of that activity in the cost estimate.
j) Once the owner or operator has completed an activity, the owner or operator may file an application for significant permit modification pursuant to 35 Ill. Adm. Code 813.201 indicating that the activity has been completed, and zeroing that element of the cost estimate.
k) Cost Estimate for Corrective Action at MSWLF Units
BOARD NOTE: Subsection (k) is derived from 40 CFR 258.73 (2017).