South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-79 - Hazardous Waste Management Regulations
Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
Subpart H - FINANCIAL REQUIREMENTS
Section 61-79.264.H.144 - Cost estimate for postclosure care

Universal Citation: SC Code Regs 61-79.264.H.144

Current through Register Vol. 48, No. 9, September 27, 2024

(a) The owner or operator of a disposal surface impoundment, disposal miscellaneous unit, land treatment unit, or landfill unit, or of a surface impoundment or waste pile required under 264.228 and 264.258 to prepare a contingent closure and post-closure plan, must have a detailed written estimate, in current dollars, of the annual cost of post-closure monitoring and maintenance of the facility in accordance with the applicable post-closure regulations in Sections264.117 through 264.120, 264.228, 264.258, 264.280 and 264.310 and 264.603.

(1) The post-closure cost estimate must be based on the costs to the owner or operator of hiring a third party to conduct post-closure care activities. A third party is a party who is neither a parent nor a subsidiary of the owner of operator. (See definition of parent corporation in Section264.141(d)(d)).

(2) The post-closure cost estimate is calculated by multiplying the annual post-closure cost estimate by the number of years of post-closure care required under Section264.117.

(b) During the active life of the facility and during the postclosure period of the facility, the owner or operator must adjust the postclosure cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with 264.145. For owners or operators using the financial test or corporate guarantee, the postclosure cost estimate must be updated for inflation within 30 days after the close of the firm's fiscal year and before the submission of updated information to the Department as specified in 264.145(f)(5). The adjustment may be made by recalculating the postclosure cost estimate in current dollars or by using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product as published by the U.S. Department of Commerce in its Survey of Current Business as specified in 264.145(b)(1) and (b)(2). The inflation factor is the result of dividing the latest published annual Deflator by the Deflator for the previous year.

(1) The first adjustment is made by multiplying the post-closure cost estimate by the inflation factor. The result is the adjusted post-closure cost estimate.

(2) Subsequent adjustments are made by multiplying the latest adjusted post-closure cost estimate by the latest inflation factor.

(c) During the active life of the facility, the owner or operator must revise the post-closure cost estimate within 30 days after the Department has approved the request to modify the post-closure plan, if the change in the post-closure plan increases the cost of post-closure care. The revised post-closure cost estimate must be adjusted for inflation as specified in Section264.144(b)(b).

(d)

(1) The owner or operator must keep the following at the facility during the active life of the facility: the latest postclosure cost estimate prepared in accordance with section264.144(a) and (c)(a) and (c) and, when this estimate has been adjusted in accordance with Section264.144(b)(b), the latest adjusted postclosure estimate.

(2) During the postclosure period of the facility, the owner or operator must maintain the information specified in (d)(1) and provide it to the Department upon request.

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