Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 114 - Sanitary Landfills: Construction and Demolition Wastes › Rule 567-114.31 - Construction and Demolition Wastes Sanitary Landfill Financial Assurance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose.
The purpose of this rule is to implement Iowa Code
				sections
				455B304(8). and
				455B306(9). by
				providing the criteria for establishing financial assurance for closure,
				postclosure and corrective action at construction and demolition wastes
				sanitary landfills (CND landfills).
(2)
Applicability.
The
				requirements of this rule apply to all owners and operators of CND landfills
				accepting waste as of October 31, 2007, except owners or operators that are
				state or federal government entities whose debts and liabilities are the debts
				and liabilities of a state or the United States.
(3)
Financial assurance for
				closure.
The owner or operator of a CND landfill must establish
				financial assurance for closure in accordance with the criteria in this rule.
				The owner or operator must provide continuous coverage for closure until
				released from this requirement by demonstrating compliance with subrules
				114.26(13) and 114.13(10). Proof of compliance pursuant to paragraphs
				114.31(3)
"a"
to
"e"
must be submitted by the
				owner or operator yearly by April 1 and approved by the department.
a. The owner or operator shall submit the
				current version of department Form 542-8090, Sanitary Landfill Financial
				Assurance Report Form, which contains, but is not limited to, the amount of the
				financial assurance, the annual financial statement required by Iowa Code
				sections
				455B306(9).
"e "
and 455B.306(7)
"c, "
and the current
				balances ofthe closure and postclosure accounts atthetime of submittal as
				required by Iowa Code section
				455B306(9).
"b. "
b. The
				owner or operator shall submit a copy of the financial assurance instruments or
				the documents establishing the financial assurance instruments in an amount
				equal to or greater than the amount specified in subrule 114.31(9).
				Documentation for the mechanism(s) used to demonstrate financial assurance
				shall contain, at a minimum, the items required to be submitted as specified in
				paragraphs 114.31(6)
"a"
to
"i. "
c. The owner or operator shall submit a
				detailed written estimate, in current dollars, certified by an Iowa-licensed
				professional engineer, of the cost of hiring a third party to close the CND
				landfill in accordance with the closure plan as required by subrules 114.26(13)
				and 114.13(10). Such estimate must be available at any time during the active
				life of the landfill.
(1) The cost estimate
				must equal the cost of closing the CND landfill at any time during the
				permitted life of the facility when the extent and manner of its operation
				would make closure the most expensive.
(2) The costs contained in the third-party
				estimate for closure must be accurate and reasonable when compared to the cost
				estimates used by other similarly situated landfills in Iowa.
(3) During the active life ofthe landfill,
				the owner or operator must annually adjust the closure cost estimate for
				inflation.
(4) The owner or
				operator must, annually or at the time of application for a permit amendment
				that increases closure costs, whichever occurs first, increase the closure cost
				estimate and the amount of financial assurance provided if changes to the
				closure plan or CND landfill conditions increase the maximum cost of closure at
				any time during the remaining active life of the facility.
(5) The owner or operator may reduce the
				amount of financial assurance for closure if the most recent estimate of the
				maximum cost of closure at any time during the active life of the facility is
				less than the amount of financial assurance currently provided. Prior to the
				reduction, the owner or operator must submit to the department the
				justification for the reduction of the closure cost estimate and the updated
				documentation required by paragraphs 114.31(3)
"a"
to
"e"
and receive department approval for the reduction.
				Approval or denial shall be issued within 30 days of receipt ofthe reduction
				request.
(6) The third-party
				estimate submitted to the department must include the site area subject to
				closure and must account for at least the following factors determined by the
				department to be minimal necessary costs for closure:
1. Closure and postclosure plan document
				revisions;
2. Site preparation,
				earthwork and final grading;
3.
				Drainage control culverts, piping and structures;
4. Erosion control structures, sediment ponds
				and terraces;
5. Final cap
				construction;
6. Cap vegetation
				soil placement;
7. Cap seeding,
				mulching and fertilizing;
8.
				Monitoring well, piezometer and gas control modifications;
9. Leachate system cleanout and extraction
				well modifications;
10. Monitoring
				well installations and abandonments;
11. Facility modifications to effect closed
				status;
12. Engineering and
				technical services;
13. Legal,
				financial and administrative services; and
14. Closure compliance certifications and
				documentation.
d. For publicly owned CND landfills, the
				owner or operator shall submit to the department a copy of the owner's or
				operator's most recent annual audit report in the form prescribed by the office
				of the auditor of the state of Iowa.
e. Privately held CND landfills shall submit
				an affidavit from the owner or operator indicating that a yearly review has
				been performed by a certified public accountant to determine whether the
				privately owned landfill is in compliance with this rule. The affidavit shall
				state the name of the certified public accountant, the dates and conclusions of
				the review, and the steps taken to rectify any deficiencies identified by the
				accountant.