Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS
Subpart I - FINANCIAL ASSURANCE
Section 845.930 - Cost Estimates

1) The total costs for closure and post-closure care;

2) Preliminary corrective action costs; and

3) The total costs of the corrective action plan for remediation of any releases from a CCR surface impoundment.

1) The owner or operator must have a detailed written estimate, in current dollars, of the cost of closing the CCR surface impoundment in accordance with this Part and providing post-closure care on an annual basis, when required, in accordance with this Part. The cost estimate is the total cost for closure and post-closure care.

2) The cost estimate must equal the cost of final closure and post-closure care at the point in the CCR surface impoundment's active life when the extent and manner of its operation would make closure and post-closure care the most expensive.

3) The cost estimate must be based on the assumption that the Agency will contract with a third party at the appropriate prevailing wages, under the Prevailing Wage Act [820 ILCS 130], if applicable, to implement the closure and post-closure care plans. A third party is a party who is neither a parent nor a subsidiary of the owner or operator.

4) The cost estimate may not be reduced by allowance for the salvage value of facility structures or equipment, for the resale value of land, for the sale of CCR or its beneficial reuse if permitted by the Agency under this Part, or for other assets associated with the facility at the time of partial or final closure.

5) The owner or operator must not incorporate a zero cost for CCR, if permitted by the Agency under this Part, that might have economic value.

6) The cost estimate must, at a minimum, include all costs for all activities necessary to close the CCR surface impoundment and provide post-closure care in accordance with all requirements.

7) The post-closure care portion of the cost estimate must, at a minimum, be based on the following elements:

1) Preliminary Corrective Action Cost Estimate. An owner or operator of a CCR surface impoundment with a release that has caused an exceedance of the groundwater protection standard in Section 845.600, or groundwater quality standard in 35 Ill. Adm. Code 620, must provide a preliminary corrective action cost estimate that is equal to 25% of the costs calculated under subsection (b).

2) Corrective Action Cost Estimate. The owner or operator must provide to the Agency a detailed written estimate, in current dollars, of the cost of hiring a third party at the appropriate prevailing wages, under the Prevailing Wage Act, if applicable, to implement the approved corrective action plan in accordance with this Part. The corrective action cost estimate must account for the total costs of corrective action activities as described in the approved corrective action plan for the entire corrective action period.

3) The owner or operator must annually adjust the cost estimates in this subsection (c) for inflation (see Section 845.940(a)) until the approved corrective action plan is completed.

4) The owner or operator must increase the corrective action cost estimates in this subsection (c) and the amount of financial assurance provided if changes in the corrective action plan or CCR surface impoundment conditions increase the maximum costs of corrective action.

5) The owner or operator may reduce the amount of the corrective action cost estimate, upon Agency approval, if the cost estimate exceeds the maximum remaining costs of corrective action.