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 33.1-20-14-02 - Cost estimates for closure and postclosure
Universal Citation: ND Admin Code ยง 33.1-20-14-02
Current through Supplement No. 394, October, 2024
1. Each owner or operator shall prepare separate written closure and postclosure estimates of the costs of hiring a third party to complete identified activities of the facility closure and postclosure plans.
a. The initial cost estimates must be in
current dollars, and cost estimates must be adjusted annually for
inflation.
b. The cost estimate for
closure must equal the cost of closing the largest area requiring a final cover
during the active life of the facility.
c. The owner or operator shall increase the
cost estimates if changes in the closure plan or postclosure plan increase the
maximum costs of closure or postclosure care, respectively. The owner or
operator may reduce a cost estimate for closure if it exceeds the maximum costs
of closure during the remaining life of the facility or a cost estimate for
postclosure care if it exceeds the maximum costs of postclosure during the
remaining postclosure period.
d.
The cost estimate for postclosure must account for the total costs of
postclosure care over the entire postclosure period, including the most
expensive costs of postclosure during the postclosure period.
2. Each owner or operator shall prepare a new closure or postclosure cost estimate whenever any of the following occurs:
a. Changes in operating
plans or facility design affect the closure or postclosure plans;
b. There is a change in the expected year of
closure; or
c. The department
directs the owner or operator to revise the closure or postclosure
plan.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 23
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