Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 123 - Regional Collection Centers and Satellite Facilities › Rule 567-123.13 - Financial Assurance Requirements for Regional Collection Centers and Mobile Unit Collection and Consolidation Centers

Current through Register Vol. 47, No. 3, July 24, 2024
Unless a facility is exempt from this rule pursuant to
				  subrule 123.13(1), permitted RCCs and MUCCCs must obtain and submit a financial
				  assurance instrument to the department for the storage of household hazardous
				  materials in accordance with this rule. The financial assurance instrument
				  shall provide monetary funds to properly dispose of household hazardous wastes,
				  universal wastes, hazardous waste from conditionally exempt small quantity
				  generators, and any other solid wastes that may remain at a site 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. RCC and MUCCC facilities
				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
				RCC or MUCCC 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 at the time of application for a
				permit for a new RCC or MUCCC. 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. RCCs and MUCCCs 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 account for at least the following factors determined by the department to
				be minimal necessary costs for closure pursuant to subrule 123.10(2):
a. The cost estimate submitted to the
				department shall be an average of the disposal costs charged by the hazardous
				waste contractor to the RCC or MUCCC as reported on the semiannual reports
				submitted in accordance with rule
				567-12312.
				(455B,455D,455F) for the most recent three-year period.
b. For new facilities or existing facilities
				that do not have sufficient data to determine an average disposal cost, the
				initial cost estimate shall be equal to $15,000 for facilities serving a
				population of 35,000 or greater and equal to $5,000 for facilities serving a
				population of less than 35,000.