Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES
Section 132-8-007 - Remedial action program cost estimate
Current through March 20, 2024
An owner or operator of a solid waste disposal area required to undertake a remedial action program under Chapter 7, Section 006 must have a detailed written cost estimate, in current dollars, of the cost of hiring a third party to perform the remedial action in accordance with the program required under Chapter 7, Section 006. The remedial action cost estimate must account for the total costs of remedial action activities as described in the remedial action plan submitted to the Department in accordance with Title 118 -Groundwater Quality Standards and Use Classification, and for any other activities established as necessary by the Director for protection of human health and the environment for the entire remedial action period. The owner or operator must provide the Department with the estimate for approval and place a copy in the operating record.
007.01 The owner or operator must annually adjust the estimate for inflation until the remedial action program is completed as determined by the Department. The inflation factor is 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.
007.02 The owner or operator must increase the remedial action cost estimate and the amount of financial assurance provided under 008 of this chapter if changes in the remedial action program, or changes in the solid waste disposal area conditions increase the maximum costs of the remedial action.
007.03 The owner or operator may reduce the amount of the remedial action cost estimate and the amount of financial assurance provided under 008 of this chapter if the cost estimate exceeds the maximum remaining costs of the remedial action. The owner or operator must provide the Department the justification for the reduction of the remedial action cost estimate for approval prior to reducing the amount of financial assurance and place a copy of the documentation in the operating record.
