Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0011 - Water Quality
Chapter 20 - PERMITTING, DESIGN AND OPERATION STANDARDS CONFINED SWINE FEEDING OPERATIONS
Part F - FINANCIAL ASSURANCE STANDARDS
Section 20-49 - Financial Assurance for Facility Closure and Corrective Action
Universal Citation: WY Code of Rules 20-49
Current through September 21, 2024
(a) General.
(i) Every confined swine feeding operation
permitted under these regulations shall provide financial assurance equal to
the sum of the costs estimated following Section 47 for closure; Section 21 and
the appropriate Solid and Hazardous Waste Division Rules and Regulations for a
solid waste facility, if required; and Section 48 for the corrective action
contingency bond.
(ii) Final
determination of the amounts of financial assurance requirements shall be made
by the Division.
(iii) The
Department shall have the right to conduct an independent review of a surety or
a financial institution for its ability to ensure performance under the
instrument of financial assurance. The Department shall deny, in whole or in
part, any proposed form of financial assurance determined inadequate or lacking
in soundness.
(iv) Evidence of the
selected forms of financial assurance shall be filed with the Division as part
of the permit application. Financial assurance shall be accepted by the
Division before a permit is approved. Valid financial assurance shall be a
condition of conducting a confined swine feeding operation.
(v) The Division may reject the proposed
forms of assurance of financial responsibility if the evidence submitted, in
the Division 's sole judgment, does not adequately ensure that funds will be
available as required by these regulations. The permittee shall be notified by
the Administrator of the decision to accept or reject the proposed forms of
financial assurance according to Section 14, Approval or Denial of a Permit
Application.
(vi) All forms of
financial assurance shall be made payable to the Department upon demand and
shall not be subject to any liens or setoffs. The submittal and acceptance of
any form of financial assurance shall be conditioned upon the requirements set
forth in these regulations.
(b) Failure to provide an increased amount of financial assurance required by these regulations shall be a failure to satisfy the requirement to demonstrate financial assurance and shall be cause for revocation of the financial assurance and the permit.
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