Current through Register Vol. 41, No. 3, September 23, 2024
A. An owner or operator may demonstrate
financial assurance for closure, post-closure, and corrective action, as
required by this article, by obtaining a written guarantee provided by a local
government. The guarantor shall meet the requirements of the local government
financial test in
9VAC20-70-210 and shall comply with
the terms of a written guarantee.
B. Terms of the written guarantee. The
guarantee shall be effective before the initial receipt of waste or before
January 7, 1998, whichever is later, in the case of closure, post-closure care,
or no later than 120 days after the corrective action remedy has been selected.
The guarantee shall provide that:
1. If the
owner or operator fails to perform closure, post-closure care, and/or
corrective action of a facility covered by the guarantee, the guarantor will:
a. Perform, or pay a third party to perform,
closure, post-closure care, and/or corrective action as required; or
b. Establish a fully funded trust fund as
specified in
9VAC20-70-150 in the name of the
owner or operator.
2.
The guarantee will remain in force unless the guarantor sends notice of
cancellation by certified mail to the owner or operator and to the director.
Cancellation may not occur, however, during the 120 days beginning on the date
of receipt of the notice of cancellation by both the owner or operator and the
director, as evidenced by the return receipts.
3. If a guarantee is canceled, the owner or
operator shall, within 90 days following receipt of the cancellation notice by
the owner or operator and the director, obtain alternate financial assurance,
place evidence of that alternate financial assurance in the facility operating
record, and notify the director. If the owner or operator fails to provide
alternate financial assurance-within the 90-day period, the guarantor shall
provide that alternate assurance within 120 days following the close of the
guarantor's fiscal year, obtain alternative assurance acceptable to the
director, place evidence of the alternate assurance in the facility operating
record, and submit the alternate assurance to the director.
C. Recordkeeping and reporting.
1. The owner or operator shall submit a
signed original guarantee on the form in
9VAC20-70-290 K to the department
along with items required under subdivision 3 of
9VAC20-70-210 and place a copy of
the document into the facility's operating record before the initial receipt of
waste or before January 7, 1998, whichever is later in the case of closure,
post-closure care, or no later than 120 days after the corrective action remedy
has been selected.
2. The owner or
operator is no longer required to maintain the items specified in
9VAC20-170-190 when:
a. The owner or operator substitutes
alternate financial assurance as specified in this section; or
b. The owner or operator is released from the
requirements of this chapter.
3. If a local government guarantor no longer
meets the requirements of
9VAC20-70-210, the owner or
operator shall, within 90 days following the close of the guarantor's fiscal
year, obtain alternative assurance acceptable to the director, place evidence
of the alternate assurance in the facility operating record, and submit
alternate assurance to the director. If the owner or operator fails to provide
alternate financial assurance within the 90-day period, the guarantor shall
provide that alternate assurance within 120 days.
§§ 10.1-1402 and 10.1-1410 of the Code of
Virginia.
