17. (1) The owner and the operator of a landfilling site shall ensure that financial assurance is provided for the contingency plans for the site, including the construction, operation, maintenance and replacement of works required by the contingency plans.  O. Reg. 232/98, s. 17 (1). (2) The financial assurance shall be provided in the form of a cash deposit paid to the Director or in such other form, such as a bond, a letter of credit or negotiable securities, as is acceptable to the Director.  O. Reg. 232/98, s. 17 (2). (3) Subject to subsection (4), the amount of the financial assurance shall be determined in accordance with the following formula:  where, F = the amount of the financial assurance, W = the number of tonnes of waste that have been deposited in the landfilling site at the time the amount of financial assurance is calculated, I1 = the 1997 Annual Average Non-residential Building Construction Price Index for Toronto, determined with reference to the same base year as is applicable to I2, as published by Statistics Canada under the authority of the Statistics Act (Canada), I2 = the most recent Annual Average Non-residential Building Construction Price Index for Toronto available at the time the amount of the financial assurance is calculated, as published by Statistics Canada under the authority of the Statistics Act (Canada). O. Reg. 232/98, s. 17 (3). (4) The amount of financial assurance provided shall be updated annually or as otherwise required by the Director.  O. Reg. 232/98, s. 17 (4). (5) The financial assurance shall remain in place until a written report is prepared that shows that the financial assurance is no longer required.  O. Reg. 232/98, s. 17 (5). (6) The financial assurance may be used by the Director to pay for expenses related to any planned or unplanned closure of the site or to the post-closure care of the site, if the owner fails, on the request of the Director, to perform the work or cover the expenses.  O. Reg. 232/98, s. 17 (6). (7) The owner and the operator of a landfilling site shall ensure that any amount of financial assurance used by the Director under subsection (6) is replaced within six months after it is used unless the Director directs otherwise.  O. Reg. 232/98, s. 17 (7). (8) Subsection (1) does not apply to require site specific financial assurance if financial assurance for the contingency plans is provided by a group financial assurance plan acceptable to the Director.  O. Reg. 232/98, s. 17 (8). (9) Subsection (1) does not apply in respect of a landfilling site owned by a municipality or the Crown.  O. Reg. 232/98, s. 17 (9). (10) Subsection (1) does not apply to a landfilling site owned by a forest products company if the waste to be deposited at the site is produced by forest products operations, such as the operations of a lumber mill, sawmill, pulp mill or similar facility, and is predominantly solid, non-hazardous process waste, such as woodwaste, effluent treatment solids, hog fired boiler ash, recycling process rejects, lime mud, grits or dregs.  O. Reg. 232/98, s. 17 (10). Closure and Post-Closure Care

18. (1) The owner and the operator of a landfilling site shall ensure that financial assurance for the closure of the site and the post-closure care of the site is provided in accordance with this section.  O. Reg. 232/98, s. 18 (1). (2) The financial assurance shall be provided in the form of a cash deposit paid to the Director or in such other form, such as a bond, a letter of credit or negotiable securities, as is acceptable to the Director.  O. Reg. 232/98, s. 18 (2). (3) The amount of the financial assurance shall be the present value at the estimated date of closure, in dollars current at that date, of an amount sufficient to cover the estimated costs for, (a) the planned closure of the largest area that will require final cover at any one time during the operation of the site, including the costs of final cover and landscaping; (b) care and maintenance of the final cover and landscaping for the contaminating life span of the site; and (c) all other expected post-closure care activities for the contaminating life span of the site, including monitoring, analysis and reporting, the design, construction, operation, maintenance and replacement of engineered facilities and the disposal of wastes from the facilities, but not including any additional activities in the contingency plans for the site.  O. Reg. 232/98, s. 18 (3). (4) Any determination of the amount of the financial assurance shall be carried out in a manner consistent with Ministry of Environment and Energy Guideline F - 15, Financial Assurance, dated April 1994, and Ministry of Environment and Energy Procedure F - 15 - 1, Procedures for Financial Assurance, dated April 1994, as they may be amended from time to time.  O. Reg. 232/98, s. 18 (4). (5) Clause (3) (a) does not apply if part of the site is closed not less often than every five years.  O. Reg. 232/98, s. 18 (5). (6) If costs are estimated under subsection (3) for any matter related to leachate from the site, the contaminating life span of the site may not be estimated at less than 25 years from the date waste is last deposited at the site.  O. Reg. 232/98, s. 18 (6). (7) The financial assurance may be provided in stages as long as the amount that has been provided is always greater than the minimum amount determined in accordance with the following formula:  where, A = the minimum amount of financial assurance that must have been provided, B = the total amount of the financial assurance, as estimated under subsection (3), C = the amount of waste that has already been deposited at the site, D = the total amount of waste that will be deposited at the site. O. Reg. 232/98, s. 18 (7). (8) The estimation of costs and the amount of the financial assurance provided shall be updated annually or as otherwise required by the Director.  O. Reg. 232/98, s. 18 (8). (9) The financial assurance shall remain in place until a written report is prepared that shows that the financial assurance is no longer required.  O. Reg. 232/98, s. 18 (9). (10) The financial assurance may be used by the Director to pay for expenses related to any planned or unplanned closure of the site if the owner fails, on the request of the Director, to perform the work or cover the expenses.  O. Reg. 232/98, s. 18 (10). (11) The owner and the operator of a landfilling site shall ensure that any amount of the financial assurance used by the Director under subsection (10) is replaced within six months after it is used unless the Director directs otherwise. O. Reg. 232/98, s. 18 (11). (12) Subsection (1) does not apply in respect of a landfilling site owned by a municipality or the Crown.  O. Reg. 232/98, s. 18. O. Reg. 232/98, s. 18 (12). PART V   OPERATIONS Site Preparation Report

19. A person shall not place any waste in a newly constructed base or base side slope area of a landfilling site until a written report has been prepared documenting all construction, quality assurance and quality control activities and confirming that the site conditions and details of the construction of the new area are in accordance with the design plans and specifications of the landfilling site.  O. Reg. 232/98, s. 19. Record Keeping

20. The owner and the operator of a landfilling site shall ensure that daily records of site operations are made during the operation of the site and that the records are retained for at least two years after they are made.  O. Reg. 232/98, s. 20. Annual Operations Report