New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 10 - FINANCIAL ASSURANCE › Section 20.9.10.9 - FINANCIAL ASSURANCE FOR CLOSURE AND NUISANCE ABATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The owner or operator of a solid waste
				facility shall develop a detailed written estimate, in current dollars, of the
				cost of hiring a third party to close the largest area of the facility ever
				requiring closure under 20.9.6 NMAC at any time during the active life. This
				estimated cost should include estimated costs for an independent project
				manager and contract administration. The estimate may contain a subsidiary
				schedule showing the amount necessary to perform closure of the facility in
				each year of the permit life of the facility. The owner or operator shall file
				a copy of the estimate with the department concurrently with proof of financial
				assurance and shall notify the department that copies have also been placed in
				the operating record.
(1) For landfills, the
				cost estimate shall be based upon the cost of closing the largest area of all
				landfill cells ever requiring a final cover at any time during the active life
				when the extent and manner of its operation would make closure the most
				expensive, as indicated by its closure plan. Should the owner or operator
				submit a subsidiary schedule, the amount guaranteed annually may be in
				accordance with this schedule upon approval by the secretary. If the owner or
				operator is found to be utilizing acreage in excess of the amount shown in the
				subsidiary schedule, final closure on the excess acreage shall be completed
				within sixty days or the subsidiary schedule and the amount of financial
				assurance shall be increased to reflect the excess acreage.
(2) For all other solid waste facilities, the
				cost estimate must be a detailed written estimate of the cost of closure to be
				performed in accordance with the applicable portions of 20.9.6.12 NMAC and also
				shall include the cost of hiring a third party to clean up and dispose of the
				largest inventory of material and end product expected at the facility and to
				clean up and dispose of all fugitive trash, solid waste, or other materials
				that could potentially create a nuisance at the facility. The cost estimate
				shall also include costs of an independent project manager and contract
				administration. For a recycling or composting facility required to provide
				financial assurance for nuisance abatement pursuant to Subsection C of
				20.9.3.28 NMAC or Subsection E of 20.9.3.29 NMAC, the owner or operator shall
				develop a detailed written estimate, in current dollars, of the cost of hiring
				a third party to clean up and dispose of the largest inventory of compostable
				or recyclable material and end product expected at the facility and to clean up
				and dispose of all fugitive trash, solid waste, or other materials that could
				potentially create a nuisance at the facility. The cost estimate shall also
				include the costs of an independent project manager and contract
				administration.
(3) During the
				active life of the facility, the owner or operator shall annually adjust the
				closure cost estimate for inflation, installation of final cover material on
				any areas at final grade, and any other factors affecting closure costs. A copy
				of the adjusted closure cost estimate shall be placed in the operating
				record.
(4) The owner or operator
				shall increase the amount of financial assurance if changes to the closure plan
				or facility conditions increase the maximum cost of closure at any time during
				the remaining active life by over three percent of the current financial
				assurance amount.
(5) The owner or
				operator may reduce the amount of financial assurance for closure if the cost
				estimate exceeds the maximum cost of closure at any time during the remaining
				life of the facility, upon specific approval by the secretary. To seek
				approval, the owner or operator shall provide the adjusted cost estimate and
				supporting documentation to the department. If approved, the owner or operator
				may revise any financial assurance documents to reflect the adjusted closure
				cost estimate, and shall file a duplicate original of each financial assurance
				document with the department within 15 days following approval, and shall place
				a copy of the estimate and approval in the operating record.