Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 105 - Organic Materials Composting Facilities › Rule 567-105.14 - Composting Facility Financial Assurance

Current through Register Vol. 47, No. 3, July 24, 2024
Permitted solid waste composting facilities receiving more
				  than 5,000 tons of feedstock annually, bulking agent excluded, must obtain and
				  submit a financial assurance instrument to the department for waste materials
				  received and stockpiled by the facility in accordance with this rule. The
				  financial assurance instrument shall provide monetary funds to properly dispose
				  of any preprocessed and postprocessed stockpiled materials 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)
No permit
				without financial assurance.
The department shall not issue or renew a
				permit to an owner or operator of a solid waste composting facility until a
				financial assurance instrument has been submitted to and approved by the
				department.
(2)
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 within 30 days of the close of
				the permit holder's first fiscal year that begins after June 19, 2002, or at
				the time of application for a permit for a new solid waste composting 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.
(3)
Use of one
				financial assurance instrument for multiple permitted activities.
Solid waste composting 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.
(4)
Financial assurance amounts
				required.
The estimate submitted to the department must be certified
				by an Iowa-licensed professional engineer and must account for at least the
				following factors determined by the department to be minimal necessary costs
				for closure:
a. Transportation costs, which
				include the cost to load the material, and total tip fees to properly dispose
				of the maximum tonnage of received materials that could be managed and
				stockpiled by the compost facility. Also included shall be the costs of
				properly removing any wastewater held at the facility, or
b. Cost of a beneficial reuse option,
				approved pursuant to subrule 105.13(3), for the total amount of material that
				could be managed and stockpiled by the composting facility. If the total amount
				of material will not be beneficially reused, the remainder of the cost shall be
				ca1culated according to paragraph 105.14(4)
"a."
Also included
				shall be the costs of properly removing any wastewater held at the
				facility.
c. The costs for
				maintaining financial assurance pursuant to any other provisions of
				567-Chapters 100 to 123, if any, in accordance with subrule
				105.14(3).