South Dakota Administrative Rules
Title 74 - Department of Environment And Natural Resources
Article 74:27 - Solid waste
Chapter 74:27:16 - Financial assurance
Section 74:27:16:03 - Written estimate for postclosure care costs

The owner or operator of an existing facility or the 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 perform the postclosure monitoring requirements in accordance with the postclosure plan developed to satisfy the requirements of § 74:27:15:09. The postclosure cost estimate to demonstrate financial assurance is calculated by multiplying the annual cost estimate of postclosure care by 30 years. During the active life of the facility, the owner or operator shall annually adjust the postclosure cost estimate for inflation.

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

The owner or operator shall keep a copy of the latest postclosure cost estimate at the facility or at a location approved by the secretary until the secretary notifies the owner or operator of release from postclosure 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.