Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part V - Hazardous Wastes and Hazardous Materials
Subpart 1 - Department of Environmental Quality-Hazardous Waste
Chapter 37 - Financial Requirements
Subchapter B - Post-Closure Requirements
Section V-3709 - Cost Estimate for Post-Closure Care

A. The owner or operator of a disposal surface impoundment, disposal miscellaneous unit, land treatment unit, or landfill unit, or of a surface impoundment or waste pile required under LAC 33:V.2315 and 2911 to prepare a contingent closure and post-closure plan, must have a detailed written estimate, in current dollars, of the annual cost of post-closure monitoring and maintenance of the facility in accordance with the applicable post-closure regulations in LAC 33:V.3519, 3527, 2315, 2521, 2719, 2911, and 3207.

B. During the active life of the facility, the owner or operator must adjust the post-closure cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with LAC 33:V.3711. For owners or operators using the financial test or corporate guarantee, the post-closure cost estimate must be updated for inflation within 30 days after the close of the firm's fiscal year and before the submission of updated information to the administrative authority as specified in LAC 33:V.3711.F.5. The adjustment may be made by recalculating the post-closure cost estimate in current dollars or by using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business as specified in LAC 33:V.3709.B.1 and B.2. The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year.

C. During the active life of the facility, the owner or operator must revise the post-closure cost estimate within 30 days after the administrative authority has approved the request to modify the post-closure plan, if the change in the post-closure plan increases the cost of post-closure care. The revised post-closure cost estimate must be adjusted for inflation as specified in LAC 33:V.3709.B.

D. The owner or operator must keep the following at the facility during the operating life of the facility: the latest post-closure cost estimate prepared in accordance with LAC 33:V.3709.A and C and, when this estimate has been adjusted, the latest adjusted post-closure cost estimate.