Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 103 - Sanitary Landfills: Coal Combustion Residue › Rule 567-103.3 - Coal Combustion Residue 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 coal combustion residue sanitary landfills
				(CCR landfills).
(2)
Applicability.
The requirements of this rule apply to all
				owners and operators of CCR 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 CCR 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 subrule
				103.1(5). Proof of compliance pursuant to paragraphs 103.3(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 at the time 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 103.3(8). 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
				103.3(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 CCR
				landfill in accordance with the closure/postclosure plan as required by subrule
				103.1(5). 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 CCR 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 CCR 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 CCR 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 103.3(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 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 and piezometer 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 CCR landfills owned by local
				governments, 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 CCR 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.