Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES
Section 132-8-002 - Closure cost estimate
Current through March 20, 2024
The owner or operator of a solid waste disposal area must have a detailed written estimate, in current dollars, of the cost of hiring a third party to close the largest area of the solid waste disposal area requiring a final cover as required in these regulations at any time during the active life in accordance with the closure plan. The owner or operator must provide the Department with the estimate for approval and place a copy of the estimate in the operating record. If the solid waste disposal area is constructed in phases the closure plan must also provide a detailed written estimate, in current dollars, of the cost of hiring a third party to close each phase of the permitted area in accordance with the closure plan.
002.01 The cost estimate must equal the cost of closing the largest area of a solid waste disposal area requiring a final cover at any time during the active life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan.
002.02 During the active life of a solid waste disposal area, the owner or operator must annually adjust the closure cost estimate for inflation by using an inflation factor derived from the most recent annual Implicit Price Deflator for Gross Domestic Product published by the United States Department of Commerce. The inflation factor is the result of dividing the latest published annual Deflator by the Deflator for the previous year.
002.03 The owner or operator must increase the closure cost estimate and the amount of financial assurance provided under 004 of this chapter if changes to the closure plan or changes in the solid waste disposal area conditions increase the maximum cost of closure at any time during the remaining active life.
002.04 The owner or operator may reduce the closure cost estimate and the amount of financial assurance provided under 004 of this chapter if the cost estimate exceeds the maximum cost of closure at any time during the remaining life of the solid waste disposal area. The owner or operator must provide the Department the justification for the reduction of the closure cost estimate for approval prior to reducing the amount of financial assurance and place a copy of the documentation in the operating record.
