Current through March 20, 2024
An owner or operator may demonstrate financial assurance for
closure, post-closure and remedial action, as required by Sections
004, 006, and
008, by obtaining a written guarantee provided by a
local government. A Local government must be a general purpose primary
government, a legally separate and fiscally independent entity, and must have
clear responsibility for meeting their own financial commitments. Enterprise
funds, joint ventures, agencies, coalitions, special districts, and other such
government units, are not eligible to use the local government financial test
or guarantee as a separate government entity; however the individual local
government partners in these government units or the overseeing general purpose
government in the case of the enterprise fund are eligible to provide a local
government guarantee. The guarantor must meet the requirements of the local
government financial test in Section 015, and must
comply with the terms of a written guarantee.
017.01 Terms of the written guarantee
The guarantee must be effective and all required submissions
provided to the Department and a copy placed in the operating record before the
initial receipt of waste in the case of closure, post-closure care, or no later
that 120 days after the remedial action workplan has been approved by the
Department. The guarantee must provide that:
017.01A If the owner or operator fails to
perform closure, post-closure care, and /or remedial action of a facility
covered by the guarantee, the guarantor will:
017.01A1 Perform, or pay a third party to
perform, closure, post-closure care, and/or remedial action as required
(performance guarantee); or
017.01A2 Establish a fully funded trust fund
as specified in Section 010 in the name of the owner
or operator (payment guarantee).
017.01B The guarantee will remain in force as
long as the owner or operator must comply with the applicable financial
assurance requirements of this chapter unless the guarantor sends notice of
cancellation by certified mail to the owner or operator and to the Department.
Cancellation may not occur, however, during the 120 days beginning on the date
of receipt of the notice of cancellation by both the owner or operator and the
Department, as evidenced by the return receipts.
017.01C If the guarantor sends notice of
cancellation, the owner or operator must, within 90 days following the receipt
of the cancellation notice by the owner or operator and the Department, provide
alternate financial assurance to the Department and place evidence of that
alternate financial assurance in the facility operating record. If the owner or
operator fails to provide alternate financial assurance within the 90-day
period, the guarantor must provide to the Department alternate assurance within
120 days following the guarantor's notice of cancellation and place evidence of
the alternate assurance in the facility operating record.
017.02 Recordkeeping and reporting
017.02A The owner or operator must provide a
certified copy of the guarantee along with the items required in Section
015.03 to the Department and place a copy into the
facility's operating record before the initial receipt of waste in the case of
closure, post-closure care, or no later that 120 days after the remedial action
workplan has been approved by the Department.
017.02B The owner or operator is no longer
required to maintain the items specified in Section
017.02 when:
017.02B1 The owner or operator substitutes
alternate financial assurance as specified in this chapter; or
017.02B2 The owner or operator is released
from the requirements of this chapter in accordance with Sections
004, 006, or
008.
017.02C If the local government guarantor no
longer meets the requirements of Section 015, the
owner or operator must, within 90 days, provide alternative assurance to the
Department, and place evidence of the alternate assurance in the facility
operating record. If the owner or operator fails to obtain alternate financial
assurance within the 90-day period, the guarantor must provide that alternate
assurance to the Department within the next 30 days, and place evidence of the
alternate assurance in the facility operating record.
