Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 8 - FINANCIAL ASSURANCE CRITERIA: SOLID WASTE MANAGEMENT FACILITIES
Section 132-8-020
Current through March 20, 2024
The language of the mechanisms listed in 010 to 018 must ensure that the instruments satisfy the following criteria:
020.01 The financial assurance mechanisms must ensure that the amount of funds assured is sufficient to cover the costs of closure, post-closure care and remedial action for known releases when needed;
020.02 The financial assurance mechanism must ensure that funds will be available to the Department in a timely fashion when needed;
020.03 The financial assurance mechanisms must be obtained by the owner or operator by the effective date of these requirements or prior to the initial receipt of solid waste, whichever is later, in the case of closure and post-closure care, or no later than 120 days after the remedial action workplan has been approved by the Department, and must be maintained until the owner or operator is released from the financial assurance requirements under Sections 002 to 007.
020.04 The financial assurance mechanisms must be legally valid, binding, and enforceable under State and Federal law.
