Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - Financial Requirements › Section 11-264.145 - Financial assurance for post-closure care

Current through June, 2024
The owner or operator of a hazardous waste management
						unit subject to the requirements of § 264.144 must establish financial
						assurance for post-closure care in accordance with the approved post-closure
						plan for the facility 60 days prior to the initial receipt of hazardous waste
						or the effective date of the regulation, whichever is later. He must choose
						from the following options:
(a)
					 Post-closure trust fund.
(1) An owner or
					 operator may satisfy the requirements of this section by establishing a
					 post-closure trust fund which conforms to the requirements of this paragraph
					 and submitting an originally signed duplicate of the trust agreement to the
					 director. An owner or operator of a new facility must submit the originally
					 signed duplicate of the trust agreement to the director at least 60 days before
					 the date on which hazardous waste is first received for disposal. The trustee
					 must be an entity which has the authority to act as a trustee and whose trust
					 operations are regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement must
					 be identical to the wording specified in § 264.151(a)(1), and the trust
					 agreement must be accompanied by a formal certification of acknowledgment (for
					 example, see § 264.151(a)(2)). Schedule A of the trust agreement must be
					 updated within 60 days after a change in the amount of the current post-closure
					 cost estimate covered by the agreement.
(3) Payments into the trust fund must be made
					 annually by the owner or operator over the term of the initial RCRA permit or
					 over the remaining operating life of the facility as estimated in the closure
					 plan, whichever period is shorter; this period is hereafter referred to as the
					 "pay-in period." The payments into the post-closure trust fund must be made as
					 follows:
(i) For a new facility, the first
					 payment must be made before the initial receipt of hazardous waste for
					 disposal. A receipt from the trustee for this payment must be submitted by the
					 owner or operator to the director before this initial receipt of hazardous
					 waste. The first payment must be at least equal to the current post-closure
					 cost estimate, except as provided in § 264.145(g), divided by the number
					 of years in the pay-in period. Subsequent payments must be made no later than
					 30 days after each anniversary date of the first payment. The amount of each
					 subsequent payment must be determined by this formula:
Click
						here to view image
where CE is the current post-closure cost estimate, CV is
						the current value of the trust fund, and Y is the number of years remaining in
						the pay-in period.
(ii) If
					 an owner or operator establishes a trust fund as specified in § 265.145(a)
					 of this chapter, and the value of that trust fund is less than the current
					 post-closure cost estimate when a permit is awarded for the facility, the
					 amount of the current post-closure cost estimate still to be paid into the fund
					 must be paid in over the pay-in period as defined in paragraph (a)(3) of this
					 section. Payments must continue to be made no later than 30 days after each
					 anniversary date of the first payment made pursuant to Part 265 of this
					 chapter. The amount of each payment must be determined by this formula:
Click
						here to view image
where CE is the current post-closure cost estimate, CV is
						the current value of the trust fund, and Y is the number of years remaining in
						the pay-in period.
(4) The owner or operator may accelerate
					 payments into the trust fund or he may deposit the full amount of the current
					 post-closure cost estimate at the time the fund is established. However, he
					 must maintain the value of the fund at no less than the value that the fund
					 would have if annual payments were made as specified in paragraph (a)(3) of
					 this section.
(5) If the owner or
					 operator establishes a post-closure trust fund after having used one or more
					 alternate mechanisms specified in this section or in § 265.145 of this
					 chapter, his first payment must be in at least the amount that the fund would
					 contain if the trust fund were established initially and annual payments made
					 according to specifications of this paragraph and § 265.145(a) of this
					 chapter, as applicable.
(6) After
					 the pay-in period is completed, whenever the current post-closure cost estimate
					 changes during the operating life of the facility, the owner or operator must
					 compare the new estimate with the trustee's most recent annual valuation of the
					 trust fund. If the value of the fund is less than the amount of the new
					 estimate, the owner or operator, within 60 days after the change in the cost
					 estimate, must either deposit an amount into the fund so that its value after
					 this deposit at least equals the amount of the current post-closure cost
					 estimate, or obtain other financial assurance as specified in this section to
					 cover the difference.
(7) During
					 the operating life of the facility, if the value of the trust fund is greater
					 than the total amount of the current post-closure cost estimate, the owner or
					 operator may submit a written request to the director for release of the amount
					 in excess of the current post-closure cost estimate.
(8) If an owner or operator substitutes other
					 financial assurance as specified in this section for all or part of the trust
					 fund, he may submit a written request to the director for release of the amount
					 in excess of the current post-closure cost estimate covered by the trust
					 fund.
(9) Within 60 days after
					 receiving a request from the owner or operator for release of funds as
					 specified in paragraph (a) (7) or (8) of this section, the director will
					 instruct the trustee to release to the owner or operator such funds as the
					 director specifies in writing.
(10)
					 During the period of post-closure care, the director may approve a release of
					 funds if the owner or operator demonstrates to the director that the value of
					 the trust fund exceeds the remaining cost of post-closure care.
(11) An owner or operator or any other person
					 authorized to conduct post-closure care may request reimbursements for
					 post-closure care expenditures by submitting itemized bills to the director.
					 Within 60 days after receiving bills for post-closure care activities, the
					 director will instruct the trustee to make reimbursements in those amounts as
					 the director specifies in writing, if the director determines that the
					 post-closure care expenditures are in accordance with the approved post-closure
					 plan or otherwise justified. If the director does not instruct the trustee to
					 make such reimbursements, he will provide the owner or operator with a detailed
					 written statement of reasons.
(12)
					 The director will agree to termination of the trust when:
(i) An owner or operator substitutes
					 alternate financial assurance as specified in this section; or
(ii) The director releases the owner or
					 operator from the requirements of this section in accordance with §
					 264.145(i).