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 33.1-20-14-08 - Release of the owner or operator from the requirements of this chapter

Current through Supplement No. 394, October, 2024

1. Release of financial assurance for completion of closure. After receiving certification from the owner or operator and a qualified professional engineer that final closure has been completed in accordance with the approved closure plan and upon review and approval by the department, the department shall notify the owner or operator, in writing, that the owner or operator is no longer required by this chapter to maintain financial assurance for final closure of the facility. If the department has reason to believe that the final closure has not been in accordance with the approved closure plan, the department shall provide the owner or operator a detailed written statement of any such reason to believe that closure has not been in accordance with the approved closure plan.

2. Release of financial assurance for completion of postclosure care. After receiving certification from the owner or operator and a qualified professional engineer that postclosure care has been completed in accordance with the approved postclosure care plan and upon review and approval by the department, the department shall notify the owner or operator, in writing, that the owner or operator is no longer required by this chapter to maintain financial assurance for postclosure care of the facility. If the department has reason to believe that the postclosure care has not been in accordance with the approved postclosure care plan, the department shall provide the owner or operator a detailed written statement of any such reason to believe that postclosure care has not been in accordance with the approved postclosure care 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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