North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 13 - SOLID WASTE MANAGEMENT › Subchapter B - SOLID WASTE MANAGEMENT › Section .1800 - FINANCIAL ASSURANCE REQUIREMENTS FOR SOLID WASTE MANAGEMENT FACILITIES › Section 13B .1803 - FINANCIAL ASSURANCE COST ESTIMATE REQUIREMENTS FOR POST-CLOSURE CARE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Owners and operators of sanitary
				  landfills that are required to establish financial assurance in accordance with
				  this Section shall submit to the Division with the permit application a cost
				  estimate for financial assurance for post-closure care of the facility that
				  contains an itemized cost estimate of the cost of hiring a third party to
				  conduct post-closure care for the sanitary landfill in compliance with the
				  post-closure care plan developed in accordance with this Subchapter. The
				  post-closure care cost estimate shall be adjusted in accordance with
				  Subparagraphs (b)(1) and (b)(2) of this Rule. The post-closure care cost
				  estimate used to demonstrate financial assurance shall account for the total
				  costs of conducting post-closure care for any closed and active portions of the
				  facility, including annual and periodic costs as described in the post-closure
				  care plan over the entire post-closure care period. The cost estimate for
				  post-closure care shall be based on the most expensive costs of post-closure
				  care during the post-closure care period. The post-closure care cost estimate
				  shall be placed in the operating record.
(b) Owners and operators shall meet the
				  following requirements for adjustments to the post-closure care cost estimate
				  and the amount of financial assurance:
(1)
				  During the active life of the facility, the owner and operator shall annually
				  adjust the post-closure care cost estimate and the amount of financial
				  assurance for inflation. Owners and operators using the local government
				  financial test or the capital reserve fund as set forth in Rule .1805(e) of
				  this Section shall submit the adjusted financial assurance mechanism to the
				  Division prior to December 31, after the end of the local government's fiscal
				  year. Owners and operators using the corporate financial test or corporate
				  guarantee as set forth in Rule .1805(e) of this Section shall submit the
				  adjusted financial assurance mechanism to the Division no more than 90 calendar
				  days following the close of the corporate entity's fiscal year that is stated
				  in the mechanism. Owners and operators using a financial assurance mechanism
				  set forth in Rule .1805(e) of this Section other than the local government
				  financial test, capital reserve fund, corporate financial test, or corporate
				  guarantee shall submit the adjusted financial assurance mechanism to the
				  Division no less than 60 calendar days before the anniversary of the initial
				  date the financial assurance mechanism was established.
(2) The owner and operator shall increase the
				  post-closure care cost estimate and the amount of financial assurance and
				  submit the revised post-closure care cost estimate to the Division if changes
				  to the post-closure care plan or facility conditions increase the maximum cost
				  of post-closure care at any time during the remaining active life of the
				  facility.
(3) The owner and
				  operator may request to reduce the post-closure care cost estimate and the
				  amount of financial assurance if the cost estimate exceeds the maximum cost of
				  post-closure care at any time during the active life of the facility by
				  submitting a revised post-closure care cost estimate and a written
				  justification for the reduction to the Division for approval no less than 180
				  calendar days prior to the anniversary of the date the financial assurance
				  mechanism was established. No reduction of the post-closure care cost estimate
				  or the amount of financial assurance shall be allowed without written approval
				  from the Division. The reduction justification and the Division approval shall
				  be placed in the facility's operating record. In making the determination on
				  approval of the request, the Division shall consider the following factors for
				  the facility:
(A) changes to operations,
				  post-closure care activities, or other circumstances;
(B) changes to third party post-closure care
				  costs;
(C) compliance status of the
				  owner and operator; and
(D)
				  environmental monitoring data.