South Dakota Administrative Rules
Title 74 - Department of Environment And Natural Resources
Article 74:27 - Solid waste
Chapter 74:27:16 - Financial assurance
Section 74:27:16:04 - Written estimate for environmental remediation

The owner or operator of an existing facility or the applicant for a permit for a proposed facility may be required to provide the secretary with a detailed written estimate, in current dollars, of the cost of hiring a third party to remediate a credible occurrence of environmental damage caused in the operation, closure, or postclosure of the solid waste facility.

The cost estimate for each phase of postclosure care must be based on the most expensive costs of remediation of a credible occurrence causing environmental damage. During the active life of the solid waste facility, the owner or operator must annually adjust the environmental remediation estimate for inflation.

The owner or operator must increase the environmental remediation estimate and the secretary may increase the amount of financial assurance provided under this chapter if changes to the facility increase the maximum cost of environmental remediation at any time over the active life of the solid waste 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 must keep a copy of the latest environmental remediation estimate at the facility until the owner or operator has been notified by the secretary of release from the environmental remediation financial assurance requirements of 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.