North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter A - HAZARDOUS WASTE MANAGEMENT › Section .0100 - HAZARDOUS WASTE › Section 13A .0110 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES - PART 265

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
										40 CFR
				  265.1 through
				  265.4 (Subpart A), "General" are
				  incorporated by reference including subsequent amendments and
				  editions.
(b)
										40 CFR
				  265.10 through
				  265.19 (Subpart B), "General
				  Facility Standards" are incorporated by reference including subsequent
				  amendments and editions.
(c)
										40 CFR
				  265.30 through
				  265.37 (Subpart C), "Preparedness
				  and Prevention" are incorporated by reference including subsequent amendments
				  and editions.
(d)
										40 CFR
				  265.50 through
				  265.56 (Subpart D), "Contingency
				  Plan and Emergency Procedures" are incorporated by reference including
				  subsequent amendments and editions.
(e)
										40 CFR
				  265.70 through
				  265.77 (Subpart E), "Manifest
				  System, Recordkeeping, and Reporting" are incorporated by reference including
				  subsequent amendments and editions.
(f)
										40 CFR
				  265.90 through
				  265.94 (Subpart F), "Ground-Water
				  Monitoring" are incorporated by reference including subsequent amendments and
				  editions.
(g)
										40 CFR
				  265.110 through
				  265.121 (Subpart G), "Closure and
				  Post-Closure" are incorporated by reference including subsequent amendments and
				  editions.
(h)
										40 CFR
				  265.140 through
				  265.150 (Subpart H), "Financial
				  Requirements" are incorporated by reference including subsequent amendments and
				  editions, except that 40 CFR
				  265.143(a)(3), (a)(4), (a)(5),
				  (a)(6), and
				  40 CFR 265.145(a)(3), (a)(4),
				  (a)(5), and (a)(6) are not incorporated by reference.
(1) The following shall be substituted for
				  the provisions of 40 CFR
				  265.143(a)(3) that are not
				  incorporated by reference:
The owner or operator shall deposit the full amount of the
					 closure cost estimate at the time the fund is established.
(2) The following shall be substituted for
				  the provisions of 40 CFR
				  265.143(a)(6) and
				  265.145(a)(6)
				  that are not incorporated by reference:
After the trust fund is established, whenever the current
					 closure cost estimate changes, the owner or operator shall compare the new
					 estimate with the trustee's most recent annual valuation of the trust fund. If
					 the value of the fund is less than the amount of the new estimate, the owner or
					 operator within 60 days after the change in the cost estimate, shall either
					 deposit an amount into the fund so that its value after this deposit at least
					 equals the amount of the current closure cost estimate, or obtain other
					 financial assurance as specified in this Section to cover the
					 difference.
(3) The
				  following shall be substituted for the provisions of
				  40 CFR
				  265.145(a)(3) that are not
				  incorporated by reference:
(A) Except as
				  otherwise provided in Part (h)(3)(B) of this Rule, the owner or operator shall
				  deposit the full amount of the post-closure cost estimate at the time the fund
				  is established.
(B) If the
				  Department finds that the owner or operator of an inactive hazardous waste
				  disposal unit is unable to provide financial assurance for post-closure through
				  any other option (e.g. surety bond, letter of credit, or corporate guarantee),
				  a plan for annual payments to the trust fund during the interim status period
				  shall be established by the Department by use of an order.