Current through Register Vol. 38, No. 18, March 15, 2024
(a) Owners and operators shall meet the
following requirements for corrective action program cost estimate
calculations:
(1) The owner and operator of a
sanitary landfill required by the Division to undertake a corrective action
program in accordance with Rules .0545 or .1637 of this Subchapter shall have
an itemized cost estimate of the cost of hiring a third party to implement the
corrective action program. The corrective action program cost estimate shall be
adjusted in accordance with Subparagraphs (b)(1) and (b)(2) of this Rule. The
cost estimate shall include the total costs of the corrective action program
for the entire corrective action period. The owner and operator shall submit
the cost estimate to the Division for approval and shall place the approved
cost estimate in the operating record. The cost estimate shall be approved if
it is in compliance with the rules of this Section, Rule .0545 or Rules .1635
through .1637 of this Subchapter, and
15A NCAC
02L. Once every five years, the owner and
operator shall update the cost estimate of the corrective action program and
submit the following information to the Division in writing:
(A) a description of the remedial actions
selected pursuant to Rule.0545(e) or Rule .1636 of this Subchapter that have
not been completed;
(B) the number
of years remaining for each remedial action until the remedial action is
complete; and
(C) the updated cost
estimate for the remaining remedial actions.
(2) In addition to the requirements for the
corrective action program set forth in Subparagraph (1) of this Paragraph, the
owner and operator of a sanitary landfill required to establish financial
assurance in accordance with this Section shall comply with the requirements
for potential assessment and corrective action set forth in
G.S.
130A-295.2(h) and
(h1).
(b) Owners and operators shall meet the
following requirements for adjustments to the corrective action cost estimate
and the amount of financial assurance:
(1)
During the active life of the facility, the owner and operator shall annually
adjust the cost estimates for the corrective action program and potential
assessment and corrective action and the amount of financial assurance for
inflation. Owners and operators using the local government financial test or
capital reserve fund as set forth in Rule .1805(e) of this Section shall submit
the adjusted financial assurance mechanism for the corrective action program
and potential assessment and corrective action to the Division prior to
December 31, after the end of the local government's fiscal year. Owners and
operators using the corporate financial test or corporate guarantee as set
forth in Rule .1805(e) of this Section shall submit the adjusted financial
assurance mechanisms for the corrective action program and potential assessment
and corrective action to the Division no more than 90 calendar days following
the close of the corporate entity's fiscal year that is stated in the
mechanism. Owners and operators using a financial assurance mechanism provided
in Rule .1805(e) of this Section, other than the local government financial
test, capital reserve fund, corporate financial test, or corporate guarantee,
shall submit the adjusted financial assurance mechanism to the Division no less
than 60 calendar days before the anniversary of the initial date the financial
assurance mechanism was established.
(2) The owner and operator shall increase the
cost estimate for the corrective action program and the amount of financial
assurance and submit the revised cost estimate to the Division if changes to
the corrective action program or facility conditions increase the maximum cost
of corrective action program at any time during the remaining active life of
the facility.
(3) The owner and
operator may request to reduce the cost estimate for the corrective action
program and the amount of financial assurance if the cost estimate exceeds the
maximum cost of the corrective action program at any time during the active
life of the facility by submitting a revised cost estimate for the corrective
action program and a written justification for the reduction to the Division
for approval no less than 180 calendar days prior to the anniversary of the
date the financial assurance mechanism was established. No reduction of the
corrective action program cost estimate or the amount of financial assurance
shall be allowed without written approval from the Division. The reduction
justification and the Division approval shall be placed in the facility's
operating record. In making the determination on approval of the request, the
Division shall consider the following factors for the facility:
(A) completion of or changes to corrective
action program activities or other circumstances;
(B) changes to third party corrective action
program costs;
(C) compliance
status of the owner and operator; and
(D) environmental monitoring data.
(c) Owners and
operators of sanitary landfills that are required to undertake a corrective
action program under Rules .0545 or .1637 of this Subchapter shall establish
financial assurance in accordance with this Section for the most recent
corrective action program in compliance with
G.S.
130A-295.2(f). The owner and
operator shall provide continuous coverage for the corrective action program
until released from financial assurance requirements for the corrective action
program by demonstrating compliance with the facility's permit and corrective
action plan,
15A NCAC
02L, and Rule .0545(m) and (n) of this
Subchapter for construction and demolition landfill facilities, and Rule
.1637(f) and (g) of this Subchapter for municipal solid waste landfill
facilities.
(d) Maintenance of
financial assurance in the amounts required by this Rule does not limit the
responsibility of owners or operators for the full cost of site closure and
clean up, the expenses of any on-site or off-site environmental restoration
necessitated by activities at the facility, and liability for all damages to
third parties or private or public properties caused by the establishment and
operation of the facility.
Authority
G.S.
130A-294;
130A-295.2;
Eff.
July 1, 2020.