Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES
Section 132-8-005 - Post-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 conduct post-closure care for the solid waste disposal area in compliance with the post-closure plan. The post-closure cost estimate used to demonstrate financial assurance in 006 of this chapter must account for the total costs of conducting post-closure care, including annual and periodic costs as described in the post-closure plan over the entire post-closure care period. The owner or operator must provide the Department with the estimate for approval and place a copy in the operating record.
005.01 The cost estimate for post-closure care must be based on the most expensive costs of post-closure care during the post-closure care period.
005.02 During the active life of a solid waste disposal area and during the post-closure care period, the owner or operator must annually adjust the post-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.
005.03 The owner or operator must increase the post-closure care cost estimate and the amount of financial assurance provided under 006 of this chapter if changes to the post-closure plan or changes in the solid waste disposal area conditions increase the maximum cost of post-closure care.
005.04 The owner or operator may reduce the post-closure cost estimate and the amount of financial assurance provided under 006 of this chapter if the cost estimate exceeds the maximum costs of post-closure care remaining over the post-closure care period. The owner or operator must provide the Department the justification for the reduction of the post-closure cost estimate for approval prior to reducing the amount of financial assurance and place a copy of the documentation in the operating record.
