North Dakota Administrative Code
Title 33.1 - Department of Environmental Quality
Article 33.1-20 - Solid Waste Management and Land Protection
Chapter 33.1-20-14 - Financial Assurance Requirements
Section 33.1-20-14-01 - Financial assurance for solid waste disposal facilities

1. The requirements of this chapter apply to all new and expanded solid waste disposal facilities and to existing solid waste disposal facilities that have not been closed by April 9, 1994. These requirements do not apply to inert waste landfills.

2. New or expanded facilities must demonstrate financial assurance prior to acceptance of solid waste and existing facilities by the date given in subsection 1.

3. Owners of facilities may set up one mechanism or multiple mechanisms to demonstrate financial assurance for both closure and postclosure care of each facility. The amount of funds available through the mechanisms must be no less than the sum of funds that would be available if a single mechanism had been established and maintained for financial assurance of closure and of postclosure care.

4. Mechanisms used to demonstrate financial assurance under this chapter must ensure that the amount of funds assured is adequate to cover the costs of closure and postclosure care and that the funds will be available in a timely fashion whenever needed, until released from the financial assurance requirement by the department.

5. Mechanisms must be legally valid and binding under North Dakota law.