South Dakota Administrative Rules
Title 74 - Department of Environment And Natural Resources
Article 74:27 - Solid waste
Chapter 74:27:16 - Financial assurance
Section 74:27:16:02 - Written estimate for closure costs

The owner or operator of a facility or applicant for a permit for a proposed facility shall provide the secretary with a detailed written estimate, in current dollars, of the cost of hiring a third party to close the facility in accordance with the closure plan developed to satisfy the closure requirements in § 74:27:15:04. The estimate must equal the cost of closing the facility at the point in its active life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan. During the active life of the facility, the owner or operator shall annually adjust the closure cost estimate for inflation.

The owner or operator shall increase the closure cost estimate and the board or secretary may increase the amount of financial assurance provided under this chapter if changes to the closure plan or landfill conditions increase the maximum cost of closure at any time over the active life of the facility. The owner or operator may request a reduction in the amount of financial assurance provided under this chapter if it can be demonstrated that the cost estimate exceeds the maximum cost of closure at any time over the life of the facility.

The owner or operator shall keep a copy of the latest closure cost estimate at the facility or at a location approved by the secretary until the secretary notifies the owner or operator of release from closure financial assurance requirements under this chapter.

General Authority: SDCL 34A-6-1.6.

Law Implemented: SDCL 34A-6-1.6, 34A-6-1.8, 34A-6-1.11, 34A-6-1.12.