Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 118 - Discarded Appliance Demanufacturing › Rule 567-118.16 - Appliance Demanufacturing Facility Financial Assurance Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Unless a facility is exempt from this rule pursuant to
				  subrule 118.16(1), permitted appliance demanufacturing facilities must obtain
				  and submit a financial assurance instrument to the department for storage of
				  appliances in accordance with this rule. The financial assurance instrument
				  shall provide monetary funds to properly dispose of any appliances,
				  refrigerant, PCBs, mercury and any other hazardous materials associated with
				  appliance demanufacturing that may remain at a facility due to the owner's or
				  operator's failure to properly close the site within 30 days of permit
				  suspension, termination, revocation, or expiration.
(1) Exemptions. An appliance demanufacturing
				facility owned and operated in conjunction with a sanitary landfill already
				required to have financial assurance shall not be required to obtain additional
				financial assurance in compliance with this chapter.
(2) No permit without financial assurance.
				The department shall not issue or renew a permit to an owner or operator of an
				appliance demanufacturing facility until a financial assurance instrument has
				been submitted to and approved by the department.
(3) Proof of compliance. Proof of the
				establishment of the financial assurance instrument and compliance with this
				rule, including a current closure cost estimate, shall be submitted to the
				department by July 1, 2008, or at the time of application for a permit for a
				new appliance demanufacturing facility. The owner or operator must provide
				continuous coverage for closure and submit proof of compliance, including an
				updated closure cost estimate, with each permit renewal thereafter until
				released from this requirement by the department.
(4) Use of one financial assurance instrument
				for multiple permitted activities. Appliance demanufacturing facilities
				required to maintain financial assurance pursuant to any other provisions of
				567-Chapters 100 to 123 may satisfy the requirements of this rule by the use of
				one financial assurance instrument if the permit holder ensures that the
				instrument provides financial assurance for an amount at least equal to the
				current cost estimates for closure of all sanitary disposal project activities
				covered.
(5) The estimate submitted
				to the department must be certified by a professional engineer and account for
				at least the following factors determined by the department to be minimal
				necessary costs for closure pursuant to rule 118.14(455B,455D):
a. Third-party labor and transportation costs
				and disposal fees to properly manage any appliances, refrigerant, PCBs, mercury
				and any other hazardous materials associated with appliance demanufacturing
				equal to the maximum storage capacity of the facility. If materials are
				temporarily stored on site in transportation vehicles, waste receptacles or
				drums, then this estimate shall include disposal costs for the maximum number
				of transportation vehicles, waste receptacles and drums that can be on site at
				any one time.
b. The cost of hiring
				a third party to properly clean and decontaminate all equipment, storage
				facilities, holding areas and drainage collection systems. This estimate shall
				include the cost of properly disposing of a one-week volume of washwater from
				the facility. If the facility utilizes washwater storage tanks, then this
				estimate shall assume that the storage tanks are full and add that volume to
				the one-week volume.
c. The costs
				for maintaining financial assurance pursuant to any other provisions of
				567-Chapters 100 to 123, if any, in accordance with subrule
				118.16(4).